150 Ga. 515 | Ga. | 1920
(After stating the foregoing facts.) Under section 2990 of the Civil Code, “ The subsequent voluntary cohabitation of the husband and wife shall annul and set aside all provision made, either by deed or decree, for permanent alimony. ” The consideration as expressed in the deed from Mr. Young to Mrs. Young is “mutual love and affection the party of the first part has and bears to the party of the second part, as well as the consideration of ten dollars in hand paid, and the further consideration of a settlement this day had of a petition filed by the party of the second part against the party of the first part for temporary and permanent alimony for herself and minors. ” Following the description of the property and the clause warranting title the deed recites: “ This to be a final settlement of alimony, and the real consideration. ” On the trial of the case the court admitted evidence tending to show that the deed was made in settlement of the family dispute between Mr. and Mrs. Young, and to induce
Judgment affirmed.