Post-nuptial agreement procured by fraud.

- After the husband engaged counsel to draw up a formal post-nuptial agreement, and the husband moved to enforce the agreement when the wife filed for divorce, the post-nuptial agreement was unenforceable as the wife testified that the wife signed the agreement because the husband represented to the wife that, if the wife signed the agreement, the husband would understand that the wife loved the husband, and the husband would tear up the agreement; the husband procured the wife's signature on the agreement under the pretense that the agreement would never be enforced and, in fact, that the agreement would be destroyed, and the evidence was sufficient to establish the existence of fraud in procuring the agreement. Murray v. Murray, 299 Ga. 703, 791 S.E.2d 816 (2016).

Cited in Floyd v. Boss, 174 Ga. 544, 163 S.E. 606 (1932); Jenkins v. Cobb, 47 Ga. App. 456, 170 S.E. 698 (1933); Morton v. Wallace, 177 Ga. 856, 171 S.E. 720 (1933); Hogg v. Hogg, 206 Ga. 691, 58 S.E.2d 403 (1950); Treadwell v. Treadwell, 216 Ga. 156, 115 S.E.2d 535 (1960); Gaines v. Watts, 224 Ga. 321, 161 S.E.2d 830 (1968); Patterson v. Castellaw, 119 Ga. App. 712, 168 S.E.2d 838 (1969); Watts v. Gaines, 226 Ga. 503, 175 S.E.2d 871 (1970); Ringer v. Lockhart, 240 Ga. 82, 239 S.E.2d 349 (1977); Georgia Farm Bureau Mut. Ins. Co. v. First Fed. Sav. & Loan Ass'n, 152 Ga. App. 16, 262 S.E.2d 147 (1979); McGaha v. Kwon, 161 Ga. App. 216, 288 S.E.2d 289 (1982).

Am. Jur. 2d.

- 27 Am. Jur. 2d, Equity, § 20. 37 Am. Jur. 2d, Fraud and Deceit, § 12 et seq.

C.J.S.

- 30 C.J.S., Equity, § 48. 37 C.J.S., Fraud, § 1 et seq.

ALR.

- False representations in business transaction as within statute relating to 'confidence game,', 9 A.L.R. 1527, 56 A.L.R. 727.

Use of mails for sale of articles having superstitious associations, 34 A.L.R. 1292.

Genuine making of instrument for purpose of defrauding as constituting forgery, 41 A.L.R. 229, 46 A.L.R. 1529, 51 A.L.R. 568.