Quander v. Dow

The trial court in effect dismissed on the pleadings a claim of ownership by a third person of funds in a bank account which appellee was seeking to attach in execution of a consent judgment. We hold that rejection of the claim was premature, and remand for further proceedings.

I

Appellee Kristy Dow agreed to waive claims of common law marriage she had previously asserted against Peter M. Quander, in return for $50,000 payable in installments. The agreement was embodied in a Consent Order entered by the Superior Court in January 1997. The Order provided that if Quan-der failed to pay any…