Howard

Plaintiff appeals from portions of an interlocutory decree of divorce granted to her upon the grounds of (1) extreme cruelty and (2) habitual intemperance.

Questions: First: Was there substantial evidence to sustain the findings of the trial court reading as follows:

“That the following assets are the sole and separate property of the defendant Lindsay Coleman Howard : . . .

Yes: Plaintiff testified that defendant had made a gift to her of all of the jewelry listed under items a. to d., supra. This testimony constituted substantial evidence to sustain these findings of the trial court. Defendant denied giving any jewelry to plaintiff other than said pieces which were listed on defendant’s Exhibit “B,” a gift tax return for the year 1943. Hence, the evidence being substantial and supporting the findings of the trial judge, such findings are binding upon this court.

Plaintiff contends that the trial court’s findings are not supported by the evidence for the reason that in his verified answer defendant alleged: “In this behalf, this defendant alleges that the plaintiff owns and possesses jewelry consisting of diamonds, rubies, rings and bracelets, heretofore given to her by this…