Hersom
Hersom v. Hersom
Opinion
Lead Opinion
Works, J.
This is an action for divorce. The appeal is taken by defendant from an interlocutory decree rendered in favor of plaintiff, and the only points made by appellant relate to the disposition of certain alleged community property of the parties. In addition to various denials contained in her answer, appellant averred affirmatively that respondent and his mother had fraudulently deprived appellant of her interest in the alleged community property. It was averred that the fraud was consummated 'by respondent’s mother purchasing certain mortgages which were outstanding against the property, respondent then fraudulently refraining from making certain payments falling due on the obligations and thus enabling his mother to foreclose the mortgages for the benefit, as it was alleged, of herself and him.
[1] Appellant contends for a reversal of the judgment on the ground that the trial court failed to find on the issue of fraud tendered by the answer. Passing by other arguments which respondent opposes to this contention, it is enough to say that the evidence on the question of fraud, reproduced in full in appellant’s brief, was utterly insufficient to support a finding in her favor. The…