Allan v. Allan

Ingram, Justice.

This partitioning case from Fulton Superior Court raises the constitutionality of Georgia’s historic year’s support proceeding, particularly as applied to the defendant in this litigation. At issue is an undivided one-half interest in a house and lot in Fulton County occupied for many years as a residence by the defendant. Plaintiff seeks to have the property sold in this case for a division of the proceeds between the parties.

The factual background of the case is as follows: A former transit bus driver in Atlanta by the name of Ruford J. Allan was married to the defendant for…