Brooks v. Mays

By Judge J. Michael Gamble

I am writing to furnish my opinion on the issues raised in the Demurrer of the Defendant. A short summary of the factual background should be given. The Complainant and the Defendant were formerly married. The parties were divorced by Order of the Circuit Court of Amherst County dated July 17,1981. The divorce decree incorporated into the decree by reference the provisions of a certain property settlement agreement dated June 14, 1981. The provisions of such agreement concerning the marital real estate which is the subject of this partition suit are as follows:(1)…