McLemore v. Johnston

HUMPHREYS, Justice.

Appellant Alida Jean Johnston McLe-more appeals from a summary judgment denying her claim for equitable partition of the parties’ matrimonial residence. Upon divorce in 1971, the decree awarded the residence to appellee, Alan David Johnston, for his use during their children’s minority, and fixed appellant’s interest in the residence at $17,200. Appellant now claims that equity requires she be given a one-half interest in the present value of the property. The court granted summary judgment on the ground that appellant could not collaterally attack the prior divorce…