Messersmith v. Messersmith

Langenbach, J. † -

-This is an appeal by the wife from a judgment modifying a divorce decree. The principal question is whether a provision in a settlement agreement, which was approved and adopted by the divorce decree, was alimony or a property settlement; if a property settlement, the court was powerless to modify. The provision in question provided that the husband was to pay the balance on a real-estate contract for 40 acres, with 10 acres and a house thereon to the wife, and with the remaining 30 acres to the husband.

When marital difficulties arose, the parties in March, 1963, signed an…