Sylvester v. Sylvester

McCALEB, Justice.

We granted a writ herein to review the holding of the Court of Appeal, Third Circuit, that defendant, the former wife of plaintiff, owned an undivided one-half interest in the offspring of a herd of 200 polled Hereford cattle notwithstanding that she had, under Item 16 of a community property partition and settlement dated October 30, 1958, conveyed to plaintiff “All of the cattle except forty (40) heads to be chosen by Lola Sylvester alternatively with Oscar Sylvester, until the said Lola Sylvester has received her forty (40) heads.”

The instant litigation is an aftermath of…