Kelly v. Johnston

Gregory, Justice.

In 1982 after Alton Kelly filed for divorce from appellant Pauletta Kelly, Pauletta recorded a lis pendens on real property titled in Alton’s name. In 1984 the recorded divorce decree provided for an equitable division by ordering that the real property be sold and the proceeds divided, 32 percent to Pauletta, 68 percent to Alton.

Alton then married appellee Lenora Kelly. In 1985 Alton sold the property to appellee Jennings but did not pay any proceeds to Pauletta. After Alton died and Lenora filed a petition for year’s support, Pauletta objected, alleging that she was…