McLean v. McLean

SCHEB, Judge.

Sarah McLean appeals a partial summary judgment and final judgment allowing Jack McLean, her former husband, recovery on a promissory note that she had executed during their marriage. She raises two points: First, that the note was obtained under duress; and second, that the doctrine of res judicata bars her ex-husband’s' action on the note. We find no merit to either argument, but we discuss her contention that res judicata bars her ex-husband’s recovery.

In 1982 the wife petitioned to dissolve the parties’ marriage. She alleged that they owned no real property jointly and that…