Murphy v. Murphy

The parties are here in the same order in which they appeared in the trial court, and we refer to them as they there appeared, or as wife and husband.

Plaintiff instituted this action to set aside a property settlement agreement entered into by the parties on November 3, 1952, prior to the filing of a divorce action by the defendant husband in the district court of Fremont County. To this action the defendant answered setting up several defenses, among them that the judgment and decree in the divorce action is res judicata of the cause of action set forth in plaintiffs complaint. Thereafter…