Ferguson v. Ferguson, No. 18561

• Docket Nº: No. 18561
• Citation: 125 N.E.2d 816, 125 Ind.App. 596
• Case Date: April 18, 1955
• Court: Court of Appeals of Indiana

Page 816

125 N.E.2d 816 125 Ind.App. 596 Denver D. FERGUSON, Appellant,
v.
Lilo Rentsch FERGUSON, Appellee. No. 18561. Appellate Court of Indiana, In Banc. April 18, 1955.

[125 Ind.App. 598]

Page 817

Howard R. Hooper, A. Chesterfield Terence, Indianapolis, for appellant.

Milton, E. Craig, Indianapolis, for appellee.

BOWEN, Judge.

This is an appeal from a judgment for divorce and alimony awarded to the appellee on her cross-complaint in a divorce suit filed by the appellant.

Issues were joined on appellant's second paragraph of complaint and appellee's cross-complaint which alleged appellant to be guilty of cruel and inhuman treatment. The trial court found for the appellee on her cross-complaint that she was entitled to an absolute divorce from appellant, and awarded her alimony in the sum of $25,000.00 and $5,000.00 attorney's fees.

The record herein presents a very unusual set of circumstances. The marriage of the parties was the culmination of a romance by correspondence which [125 Ind.App. 599] was initiated by the appellee, Lilo Rentsch, by the placing of an ad by appellee and another girl in the magazine 'Ebony', which contained the following statements:

'Wanted: Two Husbands

'You'll be probably very surprised to receive a letter from two German girls. The explanation is very simple. We were just reading your article, 'Eligible Men', in the Ebony of November. Perhaps it sounds strange to you that we like to meet Negroes. We met through our work so many different Americans and found out that Negroes have much more heart, more sense of human beings. We had many talks about the problems of your race and got the opinion that color means nothing. Only the personality counts.

'You perhaps can understand that there are many doubts for us in having a future in Germany, even in Europe. It is so very hard for a girl to make a living here. So many people are jobless. We are young and hoping for a better future. Our desire is to get married, to build a family, to raise children and be a good housewife and companion, living a happy life.

'Both of us were engaged during the wartime to German officers who got killed in Russia. Often we had chances to get married, but we never could find what we wanted. German men changed a lot. They are much different now than they were before.

'Perhaps Ebony can help us to find the right husbands. We are 27 years old. Friedel is an actress and Lilo a secretary. Both of us are well educated.

'Friedel Schneider

'Lilo Rentsch

'Wiesbaden-Biebrich, Germany'

As a result of this ad the appellant, who resided in Indianapolis, Indiana, started a correspondence with the appellee and wrote the appellee numerous love letters[125 Ind.App. 600] in which he wooed her with an ardor, as shown by the exhibits in this cause, which was maximal. In such letters he professed his undying love for her, his willingness and ability to keep her in a wealthy style, and told her repeatedly of his financial success and his ability as a businessman and financier. He forwarded affidavits attesting to his wealth to the United States immigration authorities to induce them to permit appellee to come to this country. These affidavits and the accompanying appraisals, and the income tax returns, showed the appellant to be worth in excess of $150,000. The record shows that he furnished money to her from time to time, including the money to emigrate to this country. Upon her arrival in this country, and the meeting of the parties, apparently appellant's ardor cooled, and upon the appellee's arrival and the night they were married, the appellee slept at the home of Doctor Kabell, a friend of the appellant, and the appellant slept at the Theresa Hotel. Thereupon they returned to the appellant's home in Indianapolis at 324 West Maple Road, where they occupied separate rooms. However, the appellee testified she visited his bedroom on occasions.

Page 818

She testified that he kept a gun and a hatchet in his room, that she was afraid to occupy it with him, and that he tried to have unnatural relations with her. The parties were married on the 14th day of March, 1952, and separated on the 24th day of February, 1953.

There is substantial evidence of probative value to have justified the lower court in granting a divorce to appellee on the grounds of cruel and inhuman treatment.

By the assignment of errors the appellant has questioned the amount of alimony awarded to appellee. The appellant admitted in the affidavits which he made in order to induce appellee to come to this country that he [125 Ind.App. 601] had an annual net income of $10,000 and personal property of the approximate value of $30,000, and that he had real estate on 'conditional sales contracts' of the approximate value of $85,000. These affidavits...