
    19255.
    Heath v. Philpot.
    Decided January 15, 1929.
    
      Lon Lamar Fleming, Pierce Brothers, for plaintiff in error.
   Luke, J.

It appearing from tire petition as amended tlrat tlie agreement declared upon was entered into between husband and wife to promote a dissolution of their marriage, the court erred in overruling a demurrer based upon the ground that the agreement was contrary to public' policy and void. See Sumner v. Sumner, 121 Ga. 1 (3) (48 S. E. 727) ; Birch v. Anthony, 109 Ga. 349 (34 S. E. 561); Don v. Don, 158 Ga. 254 (123 S. E. 268).

■Judgment reversed.

Bloodworth, J., concurs. Broyles, O. J., dissents.  