Ralph B. Riffle v. Knecht Excavating

STANLEY, Commissioner. A decree of divorce was granted Mrs. Mary Burgin Potts from her husband, H. H. Potts, in 1935. The judgment directed reciprocal restoration of property each had acquired by reason of the marriage relation. Sec. 425, Civil Code Prac.; Sec. 2121, Ky.Stats., now Kentucky Revised Statutes, 403.060. No alimony was asked or awarded. In 1940, Potts sued his former wife seeking to enforce the judgment of restoration, especially to have her reconvey to him a half interest in a farm and in a valuable dairy herd, or to have an accounting if the property had been disposed of by the defendant. She offered no affirmative defense nor asked any affirmative relief. The result was a judgment for the plaintiff in the sum of $5,439.19, with interest from January 1, 1937. It was rendered September 27, 1941. An execution was levied on certain property of the defendant and notice thereof put to record. The suit was No. 25077 in the circuit court.