Nelson v. Nelson

Action for divorce upon the ground of. extreme cruelty. The divorce was granted plaintiff upon the ground prayed for, and the community property, consisting of a lot and residence valued at $2,500, besides household furniture, was awarded in equal shares to the parties. The court adjudged that the real estate be at once sold for the sum of $2,500 cash, and ordered a commission issued to one Lacey to sell the same for said sum and divide the proceeds between the parties. Findings were waived.

Plaintiff appeals on the judgment-roll from that part of the decree awarding her one-half of the community property, and also from that part of the said decree ordering the real estate to be sold for $2,500 cash.

I. Appellant insists that, under the provisions of section 146 of the Civil Code, she was entitled to more than one-half of the community property. Subdivision 1 of said sec tion provides: “If the decree be rendered on the ground of adultery, or extreme cruelty, the community property shall be assigned to the respective parties in such proportions as the court, from all the facts of the case, and the condition of the parties, may deem just.” Section 148 of the Civil Code provides…