Knepper v. Knepper

Citation122 S.W. 1117,139 Mo. App. 493
PartiesKNEPPER v. KNEPPER.
Decision Date15 November 1909
CourtCourt of Appeal of Missouri (US)

Plaintiff, a divorced woman, spent the two nights previous to her marriage with her present husband in a hotel with him; they having registered as husband and wife. Since her marriage she had been leading a good life. Held, that her relation with her present husband should be regarded as a single transgression, and not such a manifestation of a depraved disposition, as to render her unfit to retain the custody of an 11 year old daughter of the former marriage.

Appeal from Circuit Court, Carroll County; John P. Butler, Judge.

Laura Knepper, now Laura Knepper Huckleberry, against Frank Knepper. From a judgment modifying a decree of divorce, plaintiff appeals. Reversed.

James F. Graham and Jones & Conkling, for appellant. Lozier, Morris & Atwood, for respondent.

JOHNSON, J.

The issue before us is raised by the divorced parents of Allie Knepper, a female minor, now 11 years old. The appeal is prosecuted by the mother from a judgment modifying the decree of divorce in which the custody of the child was awarded the mother. After their marriage, the parties lived together as husband and wife until February 15, 1907, when they separated, and plaintiff, with their two minor children, a boy and a girl, established her home at Bosworth. Before the separation, the parties lived on a farm south of Bosworth. They sold the farm to J. C. Huckleberry, and also disposed of their personal property preparatory to the separation. On the 15th of February, 1907, they entered into a written contract by the terms of which they agreed to live apart, and settled all questions relating to the division of their property. That contract contained the agreement that the mother should have the custody of the children for two years, after which she should retain the little girl, and the boy should go to the father. Plaintiff then instituted the present suit. In the petition she alleged certain indignities committed against her by defendant, and prayed for a divorce, and for the custody of the children, but did not pray for alimony. Defendant filed an answer and cross-petition, in which he alleged acts of misconduct on the part of plaintiff, chiefly acts which, if true, inculpated plaintiff with Huckleberry. When the cause came to trial in September, 1907, plaintiff dismissed her petition, the court heard the evidence introduced by defendant, and decreed "that the defendant, Frank Knepper, be divorced from the bonds of matrimony contracted with the plaintiff, Laura Knepper, and be forever freed from the obligations of said marriage. It is further ordered that plaintiff, Laura Knepper, have the care and custody of Allie Knepper, minor child born of said marriage, and that defendant have the care and custody of Warren Knepper, minor child born of said marriage, and that each party pay one-half the costs." On March 18, 1908, defendant filed a petition for review, in which he prays that he be given the custody of the daughter on the ground of the moral turpitude of the mother, and alleges that, since the decree of divorce was rendered, plaintiff has been guilty of immoral conduct with Huckleberry. A trial of the issues presented by this petition and plaintiff's reply resulted in a judgment awarding the custody of the child to defendant "on condition that the latter obtain a suitable home for said child and shall pay the necessary expenses for its maintenance; it further appearing that said Frank Knepper has secured a home for said child at the home of Richard Morris, and that said Richard Morris and wife are suitable persons to have the care and custody of said child." It is provided that the children shall be permitted to visit plaintiff once every month, and that plaintiff may visit them on suitable occasions.

The evidence adduced by defendant tends to establish the following facts: Defendant and Huckleberry were neighboring farmers. Huckleberry became a frequent visitor at defendant's home, and an intimacy sprang up between him and Mrs. Knepper. Defendant's history of this relation does not reflect credit on him. To the hour of the separation he outwardly preserved a friendly attitude toward the man he now claims defiled his home. Most of the visits of Huckleberry were either on the express or implied invitation of defendant. The excuse offered for such complaisance is that defendant was so cowed by his wife that he acquiesced in her plans for the companionship of Huckleberry even when his mind had become charged with suspicion that his wife's affections were being alienated from him. After the separation, Huckleberry frequently called on Mrs. Knepper at her home in Bosworth. Neighbors saw his horse or team hitched in front of the house, and the tongue of gossip wagged furiously. In the following January, Huckleberry and Mrs. Knepper left Bosworth to be married in Kentucky. They went to Carrollton by different trains, and boarded a train at Carrollton for St. Louis, where they arrived at 11 o'clock at night. They went to a hotel, and Huckleberry registered them as husband and wife. They went to the room assigned them, where, according to the testimony of plaintiff, Huckleberry remained for an hour "talking business" with her, and then went to another hotel. The next night they spent at a hotel in Louisville, and again Huckleberry registered them as man and wife. Plaintiff says she permitted her companion to remain in the room that night because she was ill, and,...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT