No. 34891.

56 Wn.2d 1 (1960)

351 P.2d 142

MARION T. SMITH, Respondent, v. VISTON R. SMITH, Appellant.

The Supreme Court of Washington, En Banc.

April 14, 1960.

Attorney(s) appearing for the Case

Rummens, Griffin, Short & Cressman, for appellant.

Helsell, Paul, Fetterman, Todd & Hokanson and Richard W. Bartke, for respondent.


The plaintiff wife obtained a divorce from the defendant on October 18, 1950. The property settlement agreement of the parties approved by the trial court was set forth, in part, in the divorce decree and provided as follows:

"1. The wife shall have as her sole and separate property the following:

"(a) The home of the parties hereto located at 925-35th Ave., Seattle, King County, Washington, legally described as:

"`East 10 feet of...

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