Acker v. Acker

Supreme Court of Georgia

Acker v. Acker

242 S.E.2d 107, 240 Ga. 592, 1978 Ga. LEXIS 721

Supreme Court of Georgia·Decided January 24, 1978·No. 33037·Published·Cited by 6 cases

Opinion

Undercofler, Presiding Justice.

The wife appeals from the judgment of divorce on the ground that the husband was illegally awarded alimony from her estate. The parties jointly owned their residence in Chatham County and two lots in Liberty County. The trial court granted the Chatham residence to the wife and the Liberty lots to the husband. Under Gorman v. Gorman, 239 Ga. 312 (236 SE2d 352) (1977), such a verdict by the court is authorized in the exercise of its equity powers. Lowry v. Lowry, 238 Ga. 593 (234 SE2d 509) (1977), is distinguishable because there the trial court illegally gave the husband an undivided one-half interest in property owned solely by the wife. The judgment is not contrary to law.

Judgment affirmed.

All the Justices concur.

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Undercofler, Presiding Justice.

The wife appeals from the judgment of divorce on the ground that the husband was illegally awarded alimony from her estate. The parties jointly owned their residence in Chatham County and two lots in Liberty County. The trial court granted the Chatham residence to the wife and the Liberty lots to the husband. Under Gorman v. Gorman, 239 Ga. 312 (236 SE2d 352) (1977), such a verdict by the court is authorized in the exercise of its equity powers. Lowry v. Lowry, 238 Ga. 593 (234 SE2d 509) (1977), is distinguishable because there the trial court illegally gave the husband an undivided one-half interest in property owned solely by the wife. The judgment is not contrary to law.

Judgment affirmed.

All the Justices concur.

Acker v. Acker, 242 S.E.2d 107, 240 Ga. 592, 1978 Ga. LEXIS 721 (Ga. 1978).

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Opinion

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