Zarges v. Zarges

OPINION

MOISE, Justice.

In April, 1965, plaintiff-appellee filed an-, action seeking a divorce and custody and support of a minor child. Paragraph 5 of' the complaint stated, “That Plaintiff and Defendant own real and personal property as community and have agreed between themselves as to its distribution.” A decree-of divorce was duly entered which provided for custody and support of the minor child' of the parties and, concerning the property,, contained a statement similar to the quoted language of the complaint.

Some twenty months later, plaintiff filed' a petition in the same action seeking…