Guess v. Guess

Marshall, Justice.

This is an appeal by a former wife from an order of the trial court sustaining her former husband’s motion to dismiss her action against him to remove a cloud to her title to the family homeplace. She claims that a provision of the divorce decree awarding the husband a one-half interest in the homeplace, title to which he had conveyed to her prior to the divorce, in effect unlawfully awarded him alimony out of her separate estate.

The record shows, however, that the husband’s counterclaim in the divorce action raised the issue that the parties’ intent was that the conveyance…