Schluter

In this opinion Fred A. Sehluter, the plaintiff, cross-defendant and appellant, will be referred to as the appellant, and Dorothy McDonald Schluter will be referred to as the respondent. Where it is necessary to refer to Cal Chandler he will be designated as the co-respondent.

Appellant instituted this action for divorce and custody of his minor child. His complaint states three separate causes of action. He alleges extreme cruelty and two acts of adultery. Respondent answered denying the material allegations of the complaint, and filed a cross-complaint seeking a divorce on the grounds of extreme cruelty, and custody of the minor child of the marriage. The co-respondent answered denying the adultery.

The trial court found in favor of appellant on his allegations of extreme cruelty and against his allegations of adultery; against respondent on her allegations of extreme cruelty; that appellant was not a fit and proper person to have the care, custody and control of the minor child, and that the respondent was; that respondent owned as her separate property a described parcel of land in the city of Dallas, Texas, and that appellant owned as his separate property another described…