94 Ga. 627 | Ga. | 1894
J. G. Williams brought his petition against D. A. Williams, and against Nicey Williams and her minor children represented by her as guardian ad litem; from which the following facts appeared: On February 7, 1887, 1). A. Williams was possessed of a tract of land which he conveyed to Sherwood to secure a loan, taking a bond for reconveyance. On July 28, 1890, D. A. Williams sold the land to plaintiff, taking his note for part of the purchase price, and transferring to him the bond for reconveyance, he assuming to repay the loan, which he did, receiving from the lender a quitclaim deed on December 22, 1891. On July 30, 1890, Nicey E. Williams filed her libel for divorce against D. A. Wil
D. A. Williams demurred to the petition on various grounds; and an answer thereto was filed by Nicey E. Williams and her children. On questions submitted to the jury, they found, that Williams and wife were not living separate at the time of the purchase of, the land by plaintiff; that the divorce and decree for alimony were not procured by collusion; that Williams did not practice any fraud or deception on plaintiff at the time of the sale of the land to him; and that his purchase of the land was in good faith. Upon this verdict the court decreed, that plaintiff recover the land, and his title thereto be confirmed; that the suit on the purchase-money note be enjoined and dismissed, and D. A. Williams be enjoined from collecting the note; and that plaintiff pay into court the full amount due on the note, which should be received by a trustee named by the coui't, and be invested in land to be held in trust for the minors dui’ing their minority and then to revert to D. A. Williams absolutely, the land so purchased being set apart to the minors as alimony in lieu of the land recovered by plaintiff. To this decree D. A. Williams excepted.