148 Ga. 250 | Ga. | 1918
The plaintiff and the defendant are husband and wife. The-husband executed deeds conveying certain property to his wife. The mother of the husband executed deeds conveying other property to the wife. Differences arose between the husband and wife, and in the
1. A contract between husband and wife who are living in a state of separation, in settlement of disputed claims over property, is not without consideration and is binding on the parties. Belt v. Lazenby, 126 Ga. 767 (3), 772 (56 S. E. 81).
2. The facts alleged as to threatened court proceedings by the wife against the husband are not sufficient to invalidate the settlement contract; and the facts alleged in regard to the threat of bodily harm made by the brother of the plaintiff do not clearly and definitely connect the wife therewith, and therefore do not amount to such duress as will invalidate the contract.
3. The petition does not make it appear that if fraud entered into the making of the contract of settlement the husband was not as fully aware of it at that time as at any time subsequent thereto. In any
4. Under the facts alleged, the plaintiff is not entitled to any of the relief sought; and the court did not err in sustaining the demurrers and in dismissing the petition. Jackson v. Jackson, 146 Ga. 675 (92 S. E. 65). We are requested to review and overrule the last-named case. On consideration of the same we are convinced that the decision is sound, and the request is denied.
Judgment affirmed.