184 N.W. 360 | S.D. | 1921
Plaintiff was awarded a divorce from defendant upon the grounds of habitual intemperance, desertion, and cruelty. They had been married a year at the time of the desertion. There were no children. The property of defendant consisted of personal property not exceeding $750 in value, and the homestead; the latter being a 160-acre farm worth $12,000 and incumbered to the amount of $6,000. The court awarded plaintiff the personal property and directed the sale of the homestead. Out of such sale it was ordered that $2,500 be paid to plaintiff and the-residue.to defendant, or, if defendant could not be found, then the residue was to be paid into court. The defendant had disappeared from his home and had not been heard from. He left, owing many debts.
“The court * * * may assign the homestead to the innocent party, either absolutely or for a limited period, according to the facts in the case, and in consonance with the law relating to homesteads.”
Just what the last clause means it is not necessary for us to decide at this time. It certainly does not mean that plaintiff was necessarily entitled to all of defendant’s property upon the granting of the divorce.
The judgment is affirmed.