Smothers v. Smothers

Clara Berniece Smothers was granted a divorce from her husband, Paul W. Smothers, in the circuit court of Alexander County. The husband appeals, the cause coming direct to this court because a freehold is involved. He contends (1) that the court exceeded its power in ordering him to convey to the plaintiff his interest in a house owned by the parties jointly, and (2) that because the complaint was filed before expiration of 60 days from the time defendant entered his appearance, there was no jurisdiction to enter a decree.

The divorce was granted on the ground of cruelty, and there is no…