Pollard v. Waggoner

The instant appeal is from a judgment entered subsequent to the parties’ divorce, in which the trial court construed a provision of the divorce decree awarding the parties’ marital residence to the plaintiff “subject to the indebtedness on said [property]” as imposing the obligation to pay the indebtedness on the plaintiff. The plaintiff, Mary Pollard (formerly Waggoner), and the defendant, John Waggoner, were divorced in February 1977, and, following protracted litigation regarding the indebtedness in question, the defendant paid the indebtedness and brought the instant suit to recover the…