Kellett

Kellett v. Kellett

Good Law
110 Cal. App. 691·1930 Cal. App. LEXIS 192·294 P. 755
Court of Appeal of CaliforniaDecember 29, 1930Docket No. 7581.California2,036 words

Opinion

Lead Opinion

Archbald, J.

This is an appeal from an order of the trial court denying a motion made by appellant, as plaintiff in such court, under section 473 of the Code of Civil Procedure, for an order setting aside the interlocutory decree of divorce entered in her favor, and also to set aside a contract of property settlement between the parties and two deeds executed at the same time in connection with the property settlement, and to reopen the cause for further hearing.

The record shows that appellant filed her complaint for divorce in the Superior Court of Los Angeles County on July 29, 1927; that the default of respondent was entered therein August 10, 1927, and that an interlocutory decree in favor of appellant thereupon issued. On motion of appellant’s attorney the case was thereafter reopened to prove a property settlement between the parties, and the decree as amended awarded the real property mentioned in the settlement to respondent, certain personal property to appellant as well as the sum of $2,400, to be paid in monthly installments, and created a lien on the real property described to secure the payment of said sum. Thereafter and within the six months’ period appellant filed her motion…

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