Gresham v. Gresham
| Decision Date | 26 March 1945 |
| Docket Number | 35807. |
| Citation | 21 So.2d 414,198 Miss. 43 |
| Court | Mississippi Supreme Court |
| Parties | GRESHAM v. GRESHAM. |
Stokes V. Robertson, of Jackson, and Hugh V. Wall of Brookhaven, for appellant.
Barnett, Barnett, Jones & Stone, of Jackson for appellee.
Appellant was granted a divorce from appellee on the ground of desertion, and the Chancellor, in an oral opinion dictated into the record, gave appellee the option to pay appellant $60 per month and permit her to occupy and use the home in Jackson, or to pay her $100 per month without the use of the home, in both events to continue for three years, or to pay her $1,250 cash and $250 for her attorneys and occupy the home for one year, thereby, in either case, discharging all future obligations to her. Naturally he elected to pay the $1,250 cash and permit the use of the home for one year, and a decree was entered to that effect. From this Mrs. Gresham appeals. She contends (1) that the amount of alimony is unjust and wholly inadequate, (2) that the solicitor's fees are not sufficient, and (3) that she should be allowed $125 here for services of her solicitor on this appeal, for which she has made a motion in this Court. We will pass upon these contentions in the order stated.
The proof shows that appellee, Dr. Gresham, has property conservatively estimated, of the value of around $18,000 consisting of a house and lot in Jackson, occupied by appellant under the alimony decree; a small farm in the Mississippi delta, rented for $600 per year; some lots in the City of Jackson; cash in bank at the time of the trial in amount of $2,000; his office equipment and accessories of the value of $1,000; a half interest in another house and lot in Jackson, the other half interest being owned by a former wife of Dr. Gresham, who had also obtained a divorce from him; that he has an average gross income of around $400 per month from a well established business as a chiropractor in Jackson, with monthly expenses of about $100.
At the time of the trial Dr. Gresham was 56 years of age with no dependents other than his two ex-wives, to the former of which he is paying $50 per month alimony and who is occupying the property jointly owned by them.
On the other hand, it is shown that Mrs. Gresham was 47 years of age when the case was tried, was supporting a minor son by a former husband, was qualified to perform work as a stenographer, and owned a house and lot in Brookhaven Mississippi, of the approximate value of $4,000 with a mortgage debt against it in the sum of $877, the rental income from which being about sufficient to pay upkeep, taxes, insurance and meet the debt installment payments. There is further proof that while appellee and appellant lived together as man and wife that Mrs. Gresham worked in his office and by her efforts assisted, to some extent at least, in the accumulation of some of the property now owned by him and in relieving such property of encumbrances. It is further shown...
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East v. East
...may require.... We have consistently held that periodic (or "continuing") alimony is subject to change by the court. Gresham v. Gresham, 198 Miss. 43, 21 So.2d 414 (1945); East v. Collins, 194 Miss. 281, 12 So.2d 133, 145 A.L.R. 517 (1943); Lee v. Lee, 182 Miss. 684, 181 So. 912 It is also ......
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Campbell v. Campbell, 49874
...and conditions have changed after rendition of a former decree. Crum v. Upchurch, 232 Miss. 74, 98 So.2d 117 (1957); Gresham v. Gresham, 198 Miss. 43, 21 So.2d 414 (1945) and Williams v. Williams, 127 Miss. 627, 90 So. 330 (1921). It was stated in Lee v. Lee, 182 Miss. 684, 181 So. 912 (193......
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In re Estate of Hodges, No. 2001-CA-00030-SCT.
...held that periodic alimony is subject to modification and ceases upon the wife's remarriage or the husband's death. Gresham v. Gresham, 198 Miss. 43, 21 So.2d 414 (1945), Wray v. Wray, 394 So.2d 1341 (Miss.1981). With regard to lump sum alimony, however, this Court has historically held tha......
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Helmert v. Biffany, 2001-CA-01690-SCT.
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