Johnson v. Lowary

This is an appeal by plaintiff wife from an amended decree of divorce granting defendant custody of minor children and transferring title and possession of the family home to him. The authority of the court to modify its decree with reference to the real property is the single issue presented.

The parties were married on January 9, 1948 to which union three children were bom. In January, 1963 plaintiff commenced an action for divorce requesting custody of the minor children, settlement of property rights, and support and maintenance for herself. The parties entered into a property settlement…