Mussina v. Morton

OPINION

EVANS, Chief Justice.

This appeal questions the authority of a domestic relations court in a divorce proceeding to issue a temporary injunction and to appoint a receiver to protect against foreclosure by a third party.

Prior to the institution of the divorce action, the appellant, Dr. Lawrence Gaha-gen, sold a 524-acre farm to the appellee, Mary Elizabeth Morton, and her husband, Charles. The purchase price, based on $450 per acre, was $35,000 in cash, the grantees’ assumption of both the first and second lien indebtedness, and the grantees’ execution of a third lien note to Gahagen in…