Thomsen v. Thomsen

ELLISON, J.,

pro tem.

In this action the trial court granted an interlocutory decree of divorce to the plaintiff on the ground of defendant’s cruelty and made a decree adjusting the property rights of the parties. Upon this appeal the defendant claims that in the decree too much of the property was awarded to the plaintiff.

A brief narrative of some facts disclosed by the record will be sufficient to present the .point raised. The plaintiff and defendant intermarried in 1876. At the time of this marriage the plaintiff was possessed of some property. By hard work, economy, and thrift their worldly possessions have in-

creased until at the time of the trial they owned real and personal property as follows:

A tract of land containing about 60 acres, valued

at......................................$ 5,100

Another of about 60 acres valued at............ 3,780

Another of about 40 acres valued at............ 3,400

And other tracts aggregating 408 acres, valued

at...................................... 34,680

$48,960

Stock, crops, and farming implements.......... 10,000

Total...............................$58,960

And their indebtedness amounted to about.......$2,500

[187]

By its decree the court awarded to the plaintiff 107 acres of the land, and the balance of the real estate was ordered divided equally between the parties, and also the growing crops and all personal property and money. It was also decreed that all indebtedness should 'be paid equally by them.

Counsel for appellant seems to be satisfied with this division of the property with the exception that he claims that his client should have been awarded one-half of the 107 acres of land, and that all of it should not have been awarded to the plaintiff.