Smith v. Smith

The defendant husband has appealed from an order of the trial court which purports to modify and supplement the property provisions of a divorce decree entered two and one-half years earlier.

Plaintiff and defendant were divorced on March 7, 1966. The divorce decree incorporated a property settlement agreement which provided for a judgment of $85,000 in favor of the plaintiff against defendant, to be paid by the sale of the family home for $65,000, with the balance of $20,000 to be paid in four equal annual instalments.

The time allowed by the property settlement agreement within which…