Smith v. SMITH

This is an action for divorce and custody of the minor child of the parties. To this action, appellant filed a cross-complaint in which he asked for a divorce and asserted that he was owner of a one-half interest in the real estate, legal title to which was in appellee.

In substance, the cross-complaint alleged that appellant, appellee and their son, Albert, entered into a lease-contract for the property in question, which agreement provided that after ten monthly payments at $60.00 a month, the parties could enter into a subsequent contract of purchase with payments at $25.00 a month. That…