This is an appeal from an order entered by the Court of Record of Escambia County modifying a former decree of divorce. Appellant, plaintiff in the trial court, assigns two principal errors. It is first contended that the court erred in modifying its former decree upon pleadings embodying contested issues of fact and law, without taking testimony or receiving evidence concerning the issues in contest. The second error assigned is the courts action in modifying the property settlement provisions of a separation agreement between the parties which was confirmed and by reference made a part of the final decree, the effect of which was to deprive plaintiff of a vested property right granted her by the agreement.
