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William H. Modrok v. Lynwood R. Marshall

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eBook details

  • Title: William H. Modrok v. Lynwood R. Marshall
  • Author : Supreme Court of Alaska
  • Release Date : January 25, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Modrok was divorced from his wife in 1971. The decree awarded his spouse $14,525.00 to be derived from proceeds of the sale of their Anchorage home. No sale occurred until 1973 when Modrok was ordered to show cause why he should not be held in contempt for failure to sell the house. The contempt hearing, held on February 28, 1973, produced a stipulation that Modroks interest in the property would be quitclaimed to his former spouse if no sale occurred within thirty days. To this end, Modrok executed a statutory quitclaim deed; but within thirty days following, no sale took place. On April 3, 1973, Modroks former wife executed a warranty deed to Lynwood and Mollie Marshall, the appellees, in exchange for $41,730.00. Mrs. Modrok received the money due her from the divorce property settlement after encumbrances on the property and fees were paid, and Modrok was left with less than $300.00. When Modrok refused to vacate the residence, Mr. and Mrs. Marshall brought an action for forcible detainer. The superior court found them entitled to immediate possession of the premises, and Modrok has appealed.


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