JOHNSON v. LOWARY

No. 10141.

132 N.W.2d 823 (1965)

Joyce JOHNSON, formerly Joyce Lowary, Plaintiff and Appellant, v. Keith LOWARY, Defendant and Respondent.

Supreme Court of South Dakota.

February 2, 1965.


Attorney(s) appearing for the Case

Chas. E. Gorsuch, Aberdeen, for plaintiff and appellant.

Vernon Williams, Elmer Thurow, Duane Thurow, Aberdeen, for defendant and respondent.


HANSON, Judge.

This is an appeal by plaintiff wife from an amended decree of divorce granting defendant custody of minor children and transferring title and possession of the family home to him. The authority of the court to modify its decree with reference to the real property is the single issue presented.

The parties were married on January 9, 1948 to which union three children were born. In January, 1963 plaintiff commenced an action for divorce requesting...

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