Bigby v. Bigby

Hawkins, Justice.

The petition as originally filed sought a divorce upon the ground of cruel treatment, temporary and permanent alimony, the custody of a minor child, and the recovery of a one-half interest in described real and personal property alleged to have been acquired by the joint efforts of the parties. So far as the record discloses, there was no general demurrer to this original petition. By amendments the plaintiff sought to add three more_ counts to the petition, numbered 2, 3, and 5; count 2 seeking a recovery based upon an implied or resulting trust arising out of the furnishing…