115 Kan. 192 | Kan. | 1924
This is an appeal from an award of alimony to Tillie Hardesty when she was granted a divorce from her husband, Frank Hardesty.
They were married on January 6, 1885, and four children were born to them, all of whom had reached the age of majority before the action was brought. In her petition plaintiff, charged that defendant began living in adultery with a woman of bad repute in 1912, and since that time had treated plaintiff in a cruel and abusive-manner. In this action she alleged that on June 23, 1914, she brought a former action against the defendant for separate maintenance and it was therein determined that the plaintiff had been a faithful wife, but that defendant had abandoned her and since 1911 had lived most of the time in adultery with another woman. She was awarded certain allowances including $50 per month towards the support of herself and children and he was required to pay a bill of $138.92 for necessaries previously purchased for plaintiff and children.
In the present action it was alleged and shown that in June, 1917, the defendant went to Reno, Nevada, and there attempted to obtain a divorce from plaintiff. She appeared and resisted the application and the court refused to grant him a divorce. In August, 1920, the defendant commenced a suit against the plaintiff in Osage county, asking for a divorce on the ground of abandonment and at the end of the trial the court found in favor of the wife holding that he was the offending party, that he had been guilty of adultery and that such adultery had never been condoned by the wife. A divorce being refused the court proceeded to make a division of the property giving her, apparently with the acquiescense of both parties, three houses in Topeka and quieting her title in them as against her husband. She was also given household goods and personal property then; in her possession in Topeka and defendant was given 360 acres of land in Osage county as his absolute property. Tillie Hardesty was required to deliver to her husband quit-claim deeds of these lands. The decree provided that the title to the property so awarded should vest in each of them, giving each the right to convey and dispose of the same without the consent of the other.
. . the court may for good cause shown, make such order as may be proper,' . . . for the control and equitable division and disposition of the property of the parties, or of either of them, as may be proper, equitable and just, having due regard to the time and manner of acquiring such property, whether the title thereto be in either or both of said parties,” etc. (Civ. Code § 668.)
A division of property is made while the marriage relation continues in existence and is in a sense a substitute for separate main
Judgment affirmed.