70 Minn. 144 | Minn. | 1897
The parties to this action were husband and wife, and so remained until a divorce was granted to the husband in 1896. They were married in 1886, and lived together until about the month of October, 1892. During the time they lived together two children were, born to them, and the plaintiff accumulated the property described in the complaint during such time. The home of the parties was in St. Paul, and, domestic trouble having arisen between them, the plaintiff in 1892 went to South Dakota,
After the divorce was granted, the plaintiff brought this action in replevin to recover the property in question. The case was tried by the court without a jury, and the finding was in favor of the defendant. The only question which we deem necessary to consider is whether the evidence justified the finding of the trial court.
There was a sharp conflict in the testimony given by the respective parties. The defendant testified positively that after the plaintiff had been defeated in his Dakota divorce proceedings, and settled with her in regard to the ownership and control of the property in question, he then agreed with her that she should have all of this property in consideration that she had for the eleven months then past furnished the necessaries for the family, and would continue to do so, and that he then stated that he would not come back and live with his family. She performed her part of the agreement, kept the property, and, when worn out or broken, replaced it with other property purchased by herself. He did nothing to support or educate his children, but remained away from home, and made no claim to the property.
Order affirmed.