Smart v. Carlton

KEITH, Justice.

This is an appeal from a summary judgment, and, for convenience, we will speak of the parties by their surnames. Prior to December 9, 1966, Don Smart and Jessie Smart were husband and wife but, upon such date, were divorced by decree which incorporated a property settlement agreement. Thereafter, and on December 16, 1974, Jessie Smart filed a bill of review proceeding claiming that Don Smart had committed fraud in omitting certain items of property from the divorce accounting several years earlier and sought a reformation of the decree and judgment so as to award her all of her…