KELLY v. JOHNSTON

45996, 45997.

258 Ga. 660 (1988)

373 S.E.2d 7

KELLY v. JOHNSTON et al. KELLY v. JOHNSTON et al.

Supreme Court of Georgia.

Reconsideration Denied November 9, 1988.


Attorney(s) appearing for the Case

Johnston & Thompson, Richard H. Johnston, Jeff F. Hollis, M. Glenn Howell, for appellant (case no. 45996).

Johnny W. Mason, Jr., for appellees.

Johnny W. Mason, Jr., for appellant (case no. 45997).

Johnston & Thompson, Jeff F. Hollis, for appellees.


GREGORY, Justice.

In 1982 after Alton Kelly filed for divorce from appellant Pauletta Kelly, Pauletta recorded a lis pendens on real property titled in Alton's name. In 1984 the recorded divorce decree provided for an equitable division by ordering that the real property be sold and the proceeds divided, 32 percent to Pauletta, 68 percent to Alton.

Alton then married appellee Lenora Kelly. In 1985 Alton sold the property to appellee Jennings but did not pay...

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