Foust v. Foust

Defendant appeals from an order quashing execution and restraining the sheriff from selling plaintiff’s property. The only question to be determined is whether a property settlement agreement had been so merged into an annulment decree that its provision for monthly payments became an operative part thereof, enforceable by execution. The trial court held that it had not but the record does not sustain its ruling.

The parties separated 14 years after their marriage. Plaintiff husband then commenced this action for “annulment of marriage and determination of property rights.” Defendant wife…