Tipton

The above causes were consolidated for trial and also for the purposes of the appeals.

We will first consider the appeal in the case of Florence Katherine Tipton v. Thompson Ramsey Tipton. This is an action for divorce. At the former trial the plaintiff was granted a decree of divorce from the defendant on grounds of desertion and extreme cruelty. The court allotted all of the community property of the parties, which consisted of real estate of the value of $2,500, and also an automobile, to the defendant husband, who was the offending party. Thereupon the plaintiff appealed on the judgment-roll from that part of the interlocutory decree which awarded all of the community property to the defendant. The Supreme Court held that where a decree of divorce was granted on the ground of desertion, there was no discretion vested in the trial court but to divide the community property equally between the spouses. (Civ. Code, sec. 146, Subd. 2.) When such a decree was granted on the ground of extreme cruelty, the community property must be assigned “in such proportions as the court, from all the facts of the case, and the condition of the parties, may deem just”. (Civ. Code, sec. 146,…