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eBook details

• Title: Holton v. Holton
• Author : Supreme Court of Kansas
• Release Date : January 12, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

The opinion of the court was delivered by This is an appeal from a part of the judgment rendered in a divorce action. Plaintiff-appellee filed an action for divorce and asked that the property of plaintiff and defendant be equitably divided. Thereafter defendant-appellant filed his answer and cross petition in which he denied generally the allegations of plaintiff's petition and prayed for a divorce and an equitable division of the property accumulated during the marriage relation. Trial was had on November 10, 1950, and a divorce was granted plaintiff by reason of the fault of defendant, from which judgment there was no appeal, and the cause was continued for the purpose of determining the division of property. Trial was resumed on June 1, 1951. The parties stipulated as to the value of real and personal property owned by the parties. At this hearing, on application of plaintiff and over objections of defendant, the court permitted plaintiff to file a supplemental petition asking for permanent alimony as well as a division of the property. After hearing evidence as to property owned by the parties and accumulated during the marriage relation, the court took said cause under advisement. Three days later, on June 4, 1951, a journal entry of judgment was filed showing that the divorce was granted as of November 10, 1950, and that the court on June 1, 1951, awarded plaintiff some household furniture and a one-half interest in 320 acres of land in Meade county, and awarded to defendant all the remainder of the property, both real and personal, consisting of farms, city property and cattle. From the latter portion of the court's order of judgment, defendant has appealed to this court asserting three specifications of error: (1) In permitting plaintiff to file an amended petition asking for permanent alimony after the evidence had been submitted; (2) in allowing plaintiff permanent alimony and not limiting it to a fair and equitable division of the property; and (3) in allowing plaintiff as permanent alimony the interest in the Meade county farm.

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