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PETERSON v. PETERSON

Civ. No. 10050.

313 N.W.2d 743 (1981)

Beatrice M. PETERSON, Plaintiff, Appellee and Cross-Appellant, v. Gilman F. PETERSON, Defendant, Appellant and Cross-Appellee.

Supreme Court of North Dakota.

December 22, 1981.

Attorney(s) appearing for the Case

Wheeler, Wolf, Peterson, Schmitz, McDonald & Johnson, Bismarck, for plaintiff, appellee and cross-appellant; argued by Albert A. Wolf, Bismarck.

Mackoff, Kellogg, Kirby & Kloster, Dickinson, for defendant, appellant and cross-appellee; argued by Ward M. Kirby, Dickinson.

PEDERSON, Justice.

The ultimate question presented in this case is whether or not the equitable powers of a court to make a just and proper distribution of properties during a divorce proceeding allow it to modify a separation agreement executed prior to the divorce action. We conclude that ordinarily it may not. The equitable powers of § 14-05-24,1 NDCC, which allow the court to make a just and proper distribution of properties is...

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