Applegate v. Applegate

Defendant, David Applegate, appeals from the judgment of the Circuit Court of Marion County denying modification of a 1976 decree of divorce which incorporated the parties’ agreement giving custody of their two minor children to plaintiff, Delores Applegate.

The facts established that plaintiff and the children, David, Jr., age 10, and Douglas, age 8, have lived in a farm house belonging to James Decker since the latter part of 1977. Plaintiff testified that she and Decker, whom she plans to marry, have been “going together” for more than two years but denied that he lives with her. According…