Madden v. Madden

This is a divorce case.

The parties were married at middle age and lived together for nearly five years. They were granted a divorce for incompatibility. The judgment effected a property settlement. As a part thereof the court included the following:

Four: As property division, the plaintiff is hereby granted sole right and title to the residence owned by her prior to the marriage upon the payment to defendant of the sum of $2,800 for which a judgment in favor of defendant and against plaintiff is hereby entered.

The legal propriety of this provision of the judgment is the only issue on appeal.…