Vieux
Vieux v. Vieux
Opinion
lead Opinion
Houser, J.
This is an appeal from a part of the judgment rendered in a suit for divorce.
The facts material to this inquiry are set forth in the findings by the trial court as follows:
From said findings it was adjudged and decreed that the defendant Coralyn A. Yieux had no right, title, or interest in and to the real property to which reference was made in the findings, but that said defendant “have and recover from said plaintiff the sum of $713.60, the value of the community property in the possession of said plaintiff, the sum of $150.00 as attorney’s fees, and for the sum of $50.00 per month from November 16, 1922, until the further order of court, as alimony.”
It is appellant’s contention that that part of the judgment to which reference has just been had, to wit, that the defendant Coralyn A. Yieux had no right, title, or interest in and to the property in question, is not supported by the findings for the reason that the findings show that the said real property, or a portion thereof, was either the separate property of the defendant, or that it was community property of plaintiff and defendant, or at least that defendant had some right, title or interest therein.