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MESSERSMITH v. MESSERSMITH

No. 38231.

68 Wn.2d 735 (1966)

415 P.2d 82

HAROLD R. MESSERSMITH, Respondent, v. HELEN P. MESSERSMITH, Appellant.

The Supreme Court of Washington, Department One.

June 9, 1966.

Attorney(s) appearing for the Case

Wilson & Platt, by Frank B. Platt, for appellant.

Conniff, Harper & Taylor, by Richard J. Niichel, for respondent.

LANGENBACH, J.†

This is an appeal by the wife from a judgment modifying a divorce decree. The principal question is whether a provision in a settlement agreement, which was approved and adopted by the divorce decree, was alimony or a property settlement; if a property settlement, the court was powerless to modify. The provision in question provided that the husband was to pay the balance on a real-estate contract for 40 acres, with...

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