Smith v. Smith

This is an action for divorce. Plaintiff having died pending the appeal, her heirs-at-law have been substituted as parties plaintiff and the litigation continued, certain property rights being involved. The complaint attempts to allege two grounds of divorce, namely, willful neglect and extreme cruelty. A general demurrer to both causes of action was overruled, and, upon issue made, judgment went for plaintiff, the court finding in her favor upon both counts. The prop*652erty involved consists of a homestead upon community, an undivided two-tliirds of which was awarded to plaintiff, and .the…