Franklin v. Smalldridge

OPINION

NYE, Chief Justice.

Plaintiff, Hilaria Cabrera Franklin, filed suit for divorce seeking a dissolution of the marriage and a division of the community property. Additionally, plaintiff sought to set aside a deed from her alleged husband, Benjamin T. Franklin, to defendant, M. G. Smalldridge, contending that this was community property which was conveyed without her joinder. Prior to the hearing on the divorce action, plaintiff’s alleged husband died, and the divorce proceedings were dismissed. Trial was then to the court on plaintiff’s action to set aside the deed and for damages for…