100 P.2d 887 | Okla. | 1940
Plaintiff below was awarded a decree of divorce from defendant below on account of the latter's fault; $2,000 alimony, to be paid in 20 monthly installments with interest, the repayment of $400 previously loaned by plaintiff to defendant; household equipment, and her attorneys' fees. No rights of children are involved.
Plaintiff appeals solely from the alimony allowance, charging the same to be insufficient under the clear weight of the evidence. We have examined the record to determine the merit of that charge. Dresser v. Dresser,
The parties were married for nine years. Plaintiff had been previously married to another and divorced. At the time of their marriage defendant was the owner of certain improved real property, portions of which at time of trial were rented for a total of $225 monthly. In another portion of the property defendant operated a mattress factory, and for several years plaintiff rendered some slight assistance in its operation. The average net monthly income from that enterprise for the nine-year period was shown to have been approximately $35. Mortgage indebtedness in the sum of $11,100 existed on all the real property at the time of their marriage. At time of trial this indebtedness had been reduced to $5,700, and the equity of defendant in his real property thereby increased approximately $5,400 during the marriage existence. It was not shown that defendant owned any other property except some factory machinery of the value of possibly $200. Plaintiff at the time of their marriage was operating a small apartment house, and at time of trial the value of property owned by her did not exceed several hundred dollars.
On granting a divorce to the wife for the husband's fault the allowance of permanent alimony is, under section 672, O. S. 1931, 12 Okla. Stat. Ann. § 1278, in the trial court's sound discretion, to be exercised in view, among other matters, of the husband's estate and ability, the wife's condition and means, and the conduct of the parties. Silva v. Silva,
After examination of the record, we conclude that the allowance as made is not unjust or inequitable to the plaintiff, and that the wide range of discretion allowed the trial court in such matters was not abused. Reed v. Reed,
The judgment is affirmed.
BAYLESS, C. J., and RILEY, OSBORN, and HURST, JJ., concur.