Pope v. Pope

Plaintiff, Carol Ann Pope, filed a suit on June 24, 1971, in which she sought the division or sale of improved real estate owned by herself and her former husband as joint tenants and then occupied by her ex-husband and their four minor children. The defendant filed a motion to strike and dismiss the Complaint on the ground that the suit was barred under the doctrine of res judicata and collateral estoppel by a Decree of Divorce, entered on October 16, 1970. The trial court denied the motion, but found specifically that the order denying the motion involved a question of law as to which there…