Whitworth v. Heinzle

Plaintiff’s petition, in a declaratory-judgment action, alleged that prior to October 7, 1950, he and the defendant Nadgy Heinzle were husband and wife. Nadgy Heinzle will hereinafter be referred to as the defendant, since the other defendant, Iowa Trust & Savings Bank, is an escrowee with no real interest in the determination of this case. Plaintiff alleged that on October 4, 1950, he and defendant entered into a written agreement, a copy of which was attached to the petition. It contains an agreement for separation and many provisions for the settlement of property rights between the…