Roach v. Roach

Wyatt, Presiding Justice.

1. In so far as the petition seeks to recover one-half, or some other portion, of the real estate here involved or to impress such real estate with a trust, upon the theory that it was purchased in part out of the separate estate of the wife, the petition fails to set out a cause of action because it is not alleged that any definite portion of the purchase price was paid by her out of her separate estate. See Lane v. Lane, 149 Ga. 581 (101 S. E. 582); Mitchell v. Rawls, 130 Ga. 608 (61 S. E. 475); and Mock v. Neffler, 148 Ga. 25 (95 S. E. 673).

2. The petition in the…