Elble v. Elble

Defendant, James Elble, appeals, and plaintiff, Frances Heuer, formerly Frances Elble, cross-appeals from the order of the Circuit Court of Madison County entered upon plaintiff’s petition to modify the decree of divorce previously rendered and entered in this cause.

The record shows that on March 18, 1955, the circuit court granted defendant a divorce on his counterclaim and awarded him custody of Gail Lynn, the 5-year-old daughter of the parties, hereafter called Gail.

In December 1966, plaintiff filed a petition to modify the decree and alleged therein that “during the past few years” Gail…