Zarges V. Zarges

In April, 1965, plaintiff-appellee filed an action seeking a divorce and custody and support of a minor child. Paragraph 5 of the complaint stated, "That Plaintiff and Defendant own real and personal property as community and have agreed between themselves as to its distribution." A decree of divorce was duly entered which provided for custody and support of the minor child of the parties and, concerning the property, contained a statement similar to the quoted language of the complaint.