Kingery v. Kingery

Plaintiff appeals from an order denying his motion for a new trial.

The case was tried to the court and findings of fact and conclusions of law made. The findings of fact are not challenged. The contention is that the conclusions of law are contrary to the law and facts and are not sustained by the findings of fact, and that such findings require conclusions of law and order for judgment in favor of plaintiff instead of in favor of defendant, as made.

The plaintiff is a son of the defendant. The defendant owns and resides upon a 20-acre tract of land, which is her statutory homestead. For…