Padgett v. Padgett

Plaintiff-appellant brought this action against defendant-respondent, his former wife, to set aside an interlocutory and final decree of divorce and a property settlement agreement claimed to have been obtained by his wife through fraud. A demurrer to the second amended complaint was sustained without leave to amend. A judgment of dismissal followed.

On September 5, 1958, Frances Padgett brought an action for divorce against her husband, Joe Padgett, on the ground of extreme mental cruelty. A general property settlement agreement was prepared by the wife’s attorney and the husband signed it.…