McPherson v. King

WRIGHT, Presiding Judge.

This is an appeal from summary judgment granted the defendant (appellee) Kenneth Jimmy King from a petition to modify and set aside the parties’ original divorce decree.

Patricia Lynn McPherson, appellant, and Kenneth Jimmy King were divorced, after twenty years of marriage, by final decree entered December 4, 1979. The decree incorporated an agreement between the parties providing for division of property, including the following pertinent provision:

“2. DIVISION OF PROPERTY.(a) Husband will retain possession of the home jointly owned consisting of approximately 28…