163 Ga. 23 | Ga. | 1926
Mrs. Eva King Hilburn brought suit against her husband, B. M. Hilburn, for temporary and permanent alimony and for total divorce. By amendment the prayers for divorce were stricken. At the time of the filing of the suit plaintiff and defendant were in a bona fide state of separation. In the plaintiff’s petition she set forth a statement of the property which she claims her husband owned, a large amount of valuable lands and personal property. In his answer the husband denied the acts charged against him upon which the divorce was sought, but which it is not material to consider, the prayers for divorce having been stricken. In his answer the defendant alleged that the real estate was not worth the amount claimed in the petition, and that it was encumbered to the amount of $5,000. By amendment the defendant alleges that he voluntarily, by a deed attached to the answer, makes adequate provision for the support and maintenance of his wife and the minor children named in the petition for permanent alimony. In the deed attached it is recited that the consideration for the conveyance of the land is five dollars “and as provision for her support and maintenance.” The deed is to the plaintiff in the case and the minor children named in the petition. It is alleged that the land conveyed is worth $8,000. The jury returned a verdict in favor of the petitioner. The defendant filed a motion for a new trial, and afterwards amended the same; and upon the hearing of the motion it was overruled.
In the first ground of the amendment to the motion for a new trial, after reciting the substance of the amendment made
The jury returned the following verdict: “We, the jury, find in favor of the plaintiff as follows: The wife accepts the Gough place as tendered. The defendant is to pay $7.75 each
It is unnecessary to elaborate upon the ruling made in the third headnote. Judgment affirmed.