Tipton v. Tipton

SHENK, J.—

The plaintiff obtained an interlocutory decree of divorce from her defendant husband on the grounds of desertion and extreme cruelty. Notwithstanding the findings that the defendant was guilty of desertion and extreme cruelty, the court allotted all of the community property, consisting of real estate of the value of $2,500 and an automobile, to the defendant husband. The plaintiff appeals on the judgment-roll from that part of the interlocutory decree which awarded all of the community property to the defendant.

The sole question for determination is this: May the trial court…