Hodge v. Hodge

The opinion of the court was delivered by

Wertz, J.:

This was a proceeding filed pursuant to the provisions of G. S. 1949, 60-3007, Fourth to set aside a judgment in a divorce action on account of fraud practiced by defendant, wherein a divorce was granted to plaintiff and a contract between the parties dividing their property was approved by the trial court.

The petition in the instant case alleged that on January 29, 1958, Ray Hodge, defendant (appellant) herein, filed an action against Rosella Hodge, plaintiff (appellee) herein, for divorce. Thereafter, Mr. Hodge prevailed upon Mrs. Hodge to…