198 Iowa 158 | Iowa | 1924
— This is an action for the replevin of a quantity of farm tools and live stock. The plaintiff, Charles Holdorf,
The ease was finally tried and judgment entered in the court below in March, 1923, resulting, as stated, in a directed verdict for the plaintiff, appellee. It is from the judgment entered on this verdict that the present appeal is prosecuted. When he left home, on or about March 1, 1916, W. F. C. Holdorf went to Weld County, Colorado, where he has continued to reside. Having obtained a residence in Colorado, he commenced an action against appellant for a divorce. A decree dissolving the marriage relation on the ground of extreme cruelty was filed February 5, 1921.
Appellee alleged in his petition that he is the absolute and unqualified owner of the property, and, by way of reply, to appellant’s answer, sets up the divorce decree as a complete defense to her claimed right to hold, the property under the statute, as the exempt property of her former husband. These were the issues tried in the court below.
Competent proof was introduced to sustain appellee’s ownership of the property, unless appellant is entitled thereto as the exempt property of her former husband. An instrument
The vital questions, therefore, in the ease are: Did W. F. C. Holdorf abandon and desert his wife in Iowa, and what is the effect, if any, of the divorce decree upon appellant’s, claim to the exempt property? The only affirmative evidence bearing upon the question of abandonment and desertion is the fact that W. F. C. Holdorf left Iowa about March 1, 1916, and took up his' residence in Colorado.
It appears from the allegations of his petition in the divorce action that an indictment was obtained in Iowa against W. F. C. Holdorf, in which he was. charged with wife desertion, and that the governor of Colorado declined to honor the requisition of the governor of Iowa for his arrest and return to this state.Holdorf’s petition for a divorce alleged numerous acts of extreme cruelty on the part of appellant, which, if true, justified his separation from her, although, of course, it did not justify his abandonment of his minor, child. Appellant has remarried, and is living with her second husband. The divorce was granted by default upon personal service in this state. The status of the husband and wife was fixed by the divorce decree. The decree, being valid in Colorado, is also valid in this state. Shaw v. Shaw, 92 Iowa 722; Van Orsdal v. Van Orsdal, 67 Iowa 35; Kline v. Kline, 57 Iowa 386; Brett v. Brett, 191 Iowa 262; Hamilton v. McNeill, 150 Iowa 470; McCoy v. McCoy, 191 Iowa 973; Winch v. Bolton, 94 Iowa 573.
Appellant, at the time of the trial, as the guilty party to the divorce decree, under Section 3181 of the Code, had forfeited her rights to share in the property of her husband, unless a different rule applies where the decree is entered in a foreign state. There is a suggestion by the writer of the opinion in Van Orsdal v. Van Orsdal, supra, that possibly á decree in a foreign
One other question is argued, and that is that the evidence was in dispute as to whether a demand was made for the property before the action was commenced. Appellant was probably entitled to have this question submitted to the jury; but, as she cannot in any event claim either title to the property or a right to the possession thereof, this issue involves only a matter of costs. The court below took this fact into consideration, and rendered judgment against appellee for a portion of the costs. A reversal upon this point would be of no value to appellant.
We reach the conclusion, therefore, that the judgment of the court below should be, and is, sustained. — Affirmed.