118 Ga. 372 | Ga. | 1903
This was a suit by Robert S. Watkins and others, claiming to be heirs at law of Wilson Watkins, deceased, to recover from Eliza Nugen a tract of land of which the defendant was alleged to be in possession. According to the allegations of the petition, Wilson Watkins died in 1902, and in 1897 he executed a paper conveying to the defendant certain described property, to be held by her, “after the expiration of the life--estate herein reserved, in fee simple forever.” This instrument was in the form of a deed and executed as such. It was made in consideration of the payment of ten dollars “ and in consideration of [the grantor’s] interest in the said party of the second part.” The paper was duly recorded. It is alleged that the paper is void, because (1) it is in fact a will and not properly executed as such; (2) it was the result of fraudulent imposition upon the grantor by the defendant, who-induced him to believe that the document was a will and not a deed, and was of no effect whatever until after his death, that it provided for her only in case she survived him, and that, notwithstanding the execution of the paper, the grantor would still own the property absolutely; (3) the conveyance is founded upon and is the result of an agreement to do an immoral and illegal thing, to.wit, an agreement on the part of the defendant, a married woman, to live contra bonos mores, in open defiance of all public decency and law, in illicit relations for life with the grantor. The petition alleges that the defendant had been living in such relations with Watkins for several years prior to the execution of the, paper, and that-
The allegations as to fraud are too loose and general, even if a court would interpose on this ground to prevent the enforcement of an executed contract based on an agreement to do an immoral thing. It is not alleged what means were used to deceive the grantor, or how he was induced to believe that the contract was not an absolute conveyance. No contract would be set aside on allegations so general as these.