Mathey v. Mathey

The opinion of the court was delivered by

Price, J.:

This is an action by a divorced wife against her former husband to vacate and set aside a property division made in the divorce action on the ground of fraud.

The appeal is from an order sustaining a demurrer to the petition. The basic question is concerned with whether the fraud pleaded is intrinsic or extrinsic, and whether it affords grounds to vacate or modify the judgment within the meaning of the statute, G. S. 1949, 60-3007, Fourth.

On February 23, 1953, plaintiff (who also was plaintiff in the divorce action) was granted a divorce. She…