Mitchell v. Mitchell

THOMAS J. KLIEBERT, Judge Pro Tern.

Joseph Mitchell, Jr., defendant-appellant, and his wife, Ethel Mitchell, plaintiff-appel-lee, became involved in marital litigation. Following the granting of a separation judgment, a petition for a partition of the community assets was filed. Although the husband’s descriptive list reflected a 1954 Ford 8N Tractor and Bush Hog as a community asset and the wife’s descriptive list did not, the community’s ownership was not raised during a hearing on a motion to traverse the descriptive list on other grounds. Following the hearing on the rule to traverse, the…