Ropken v. Ropken

Plaintiff brought suit for a divorce from the defendant and alleged cruelty as a ground therefor. The defendant denied the existence of the marital relation and prayed for a partition of the real estate owned by the parties in joint tenancy. The trial court found that the plaintiff and defendant never became husband and wife, and denied a partition of the real estate held in joint tenancy by the parties. The plaintiff has appealed and the defendant has cross-appealed.

The evidence shows that plaintiff and defendant never entered into a ceremonial marriage. On September 18, 1942, they commenced…