Gardner v. Herbert

— For more than fifteen years prior to 1928, plaintiff had been the husband of defendant Hattie A. Herbert (wbo will be referred to herein as though she were the only defendant). In March of that year, defendant started a divorce suit against plaintiff, who had been partially paralyzed and incapacitated for work since about 1922. The day before the complaint in that action was served upon the plaintiff in this case, he executed to her a deed to a portion of their real estate. Plaintiff did not appear in that divorce action, and on April 17, 1928, defendant received an interlocutory order of…