Moore v. Hunter

TERRELL, J.:

In October, 1939, appellee and Seward C. Kearley were husband and wife but had become estranged and were not living together. In contemplation of divorce, they entered into a property settlement whereby Kearley agreed to convey the property involved in this litigation to appellee, reserving a life estate for himself; the property was the home on which they had resided and the deed was to be executed when the divorce was granted.

Suit for divorce was filed in July, 1940, and came on for final hearing September 13th following. The final decree contained the following recitation:

“And…