Tierney v. Tierney
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The Supreme Court affirmed the judgment of the district court granting Kathryn Tierney's post-divorce motion to determine a metes and bounds description for the parties' marital home and awarding Kathryn a 5.24-acre parcel created from the original parcels of land, holding that the district court did not err.
The decree dissolving the marriage of Kathryn and Lawrence Tierney also divided the martial property, including certain tracts of real property. The court of appeals modified the decree in part by awarding Lawrence certain parcels originally awarded to Kathryn and awarding the martial home to Kathryn. Because the home was located on one of the tracts of land that had been awarded to Lawrence Kathryn motioned for a metes and bounds description for the home. Kathryn sought a minimum parcel of 5.24 acres, and Lawrence argued for a one-acre tract. The district court granted Kathryn's motion and awarded her a 5.24-acre tract of land. The Supreme Court affirmed, holding that there was no merit to Lawrence's assignments of error.
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