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DAVIS v. DAVIS.

JORDAN, Justice.

Flostine Davis sued Alton Davis for divorce. Alton counterclaimed asking for a decree that certain property, possession of which or title was in Flostine, be impressed with a trust for his benefit. At the conclusion of the evidence, the trial court directed a verdict against Alton on the trust issue. This is the only question raised on the appeal.

After a careful review of the record, we have concluded that the trial court did not err in directing a verdict for the wife-appellee on this issue. The appellant testified that he conveyed his one-half interest in their house to appellee because he feared a lawsuit and that appellee orally agreed to re-convey same after the threat was over. Even if such a promise were proven, appellant could not recover the property absent a showing that the promise, when made, was fraudulent. Bennett v. Bennett, 212 Ga. 128 ( 91 S.E.2d 29) (1956) and Westbrook v. Westbrook, 212 Ga. 472 ( 93 S.E.2d 683) (1956). Appellant's counterclaim did not allege fraud and there was no evidence that the promise was fraudulently made. As to certain money furnished by appellant to purchase a bond, there was no evidence that the parties made any agreement, express or otherwise, as to who would have ownership thereof.

The evidence failed to show a trust in favor of the appellant as to either the realty or the bond.

Judgment affirmed. All the Justice concur.

JORDAN, Justice.

SUBMITTED JULY 2, 1976 — DECIDED SEPTEMBER 7, 1976.
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DAVIS v. DAVIS
(Sep 7, 1976)