Swendson v. Swendson

Frank T. Gallagher, Justice.

This is an appeal from parts of a judgment of the district court in a divorce action.

The only legal issue raised by the plaintiff wife on appeal is whether the trial court, without her consent, may order the proceeds derived from the sale of the homestead owned by the parties as joint tenants to be used in payment of debts incurred by defendant husband. She assigns as error that the trial court acted contrary to law in directing that the proceeds be applied for payment of such debts.

Briefly, the findings show that plaintiff and defendant were married June 7, 1938,…