Capps v. Capps

The parties to this appeal are the same as those in the divorce case of Capps v. Capps, 216 Va. 382, 219 S.E.2d 901, this day decided.

After David Capps, Sr., filed his bill for divorce in the court below, the wife, Patricia Diane Seawell Capps, instituted this suit against him alleging that a certain real property agreement entered into by them is void and unenforceable. The husband filed an answer asserting that *379the agreement was valid, and he subsequently filed a “notice of motion” stating that on a certain day he would move the court to require specific performance of the contract. By…