Brandt v. Brandt

This suit seeks to set aside a property settlement agreement and a decree of divorce on the ground of fraud. It does so, not by an appeal from the divorce decree nor by a motion pursuant to OBS 18.160, nor by a motion directed to the alimony award incorporated both in the decree and the challenged property settlement agreement, but by an original suit based upon fraud.

The challenge to the agreement itself is based principally on the inclusion of a piece of real estate at its appraised rather than its market value. Its value in the agreement is stated to be $17,600. Plaintiff contends in fact…