State ex rel. Brewer v. Sheehan

SMITH, Judge.

Relator sought prohibition to prevent respondent from proceeding to hear and determine a partition action brought by underlying plaintiff James C. Brewer (herein*851after plaintiff). Plaintiff and relator were married. Dissolution of that marriage occurred on July 7, 1975. Plaintiff defaulted in that proceeding and only relator appeared.

Relator’s testimony at the dissolution hearing was that the parties owned a business and a home, but that they had agreed to divide these assets equally. She also indicated arrangements had been made to sell the home. As a result of this testimony the…