Callaway v. Elliott

DUNAGAN, Chief Justice.

This is a summary judgment case. Ap-pellee, Loreta Elliott, joined by her husband, Kenneth C. Elliott, filed this suit to enforce the provisions of a judgment of the trial court in its prior cause No. 13,606, in which prior cause appellant Callaway was granted a divorce from appellee, Lor-eta Elliott, and in which judgment the property of the parties was partitioned. Appellant duly filed his answer and first amended original answer in which he contends that the portion of the property involved in this suit was not the home of the parties, nor any part of the community…