Melvin
Melvin v. Carl
Opinion
Lead Opinion
Marks, J.
M. E. Melvin, now deceased, and Martha E. Melvin, appellant, had been husband and wife and had lived together as such in the city of Marshalltown, Iowa, for more than thirty years prior to July 12, 1922. During their married life considerable property was accumulated, which, under the laws of Iowa was the separate property of the husband. In November, 1919, they came to Los Angeles for the benefit of the health of M. E. Melvin, returning to their home in Iowa in 1921.
While in California M. E. Melvin purchased two lots in the city of Los Angeles with money which he had acquired in Iowa. On April 25, 1922, he deeded the two lots to Fred W. Carl, since deceased, for the sum of $5,000, $3,000 being paid in cash and a note and mortgage given to secure, the balance. The deed of conveyance was not signed by Martha E. Melvin.
In August, 1921, M. E. Melvin filed an action for divorce against Martha E. Melvin in the District Court of Marshall County, Iowa, which was tried on July 2, 1922, and resulted in a final decree of divorce being granted to Mr. Melvin. In this decree the court reserved the right to dispose of the property of either of the parties and make provision for the support…