Grow v. Grow

• Decision Date: 15 October 1909
• Citation: Grow v. Grow, 121 S.W. 654 (Ky. Ct. App. 1909)
• Parties: GROW v. GROW.
• Court: Kentucky Court of Appeals

121 S.W. 654

GROW v. GROW.

Court of Appeals of Kentucky.

October 15, 1909

Appeal from Circuit Court, Garrard County.

"To be officially reported."

Divorce action by Peachie B. Grow against Francis Breckinridge Grow. Judgment for defendant, and plaintiff appeals. Reversed and remanded, with directions.

W. I Williams, for appellant.

Wm Herndon, for appellee.

LASSING J.

This is an appeal from a judgment of the Garrard circuit court refusing to divorce the appellant, Peachie B. Grow, from her husband, Francis Breckinridge Grow. The petition seeking the divorce alleges that they were married in 1904, and that for some time, and particularly during the six months next preceding the filing of her suit, her husband behaved towards her in such a cruel and inhuman manner as to indicate on his part a settled aversion to her, and to permanently destroy her peace and happiness of mind.

The proof shows that each had theretofore been married, and that the defendant is the brother of plaintiff's first husband. By her first marriage she had three children, all boys, and at the date of this marriage these boys were about grown. The defendant, so far as the record shows, had but one child by his former marriage, a girl, who at the commencement of this litigation was about 12 years of age. No children were born of this marriage. The plaintiff at the death of her husband was the owner of a farm of some 115 acres, worth perhaps $7,000, where she and two of her children were living, surrounded by such home comforts as might be expected upon a farm of that size and character. The defendant is shown to have been a man of little means, his entire estate consisting of some $400 worth of personalty. After their marriage they lived upon her farm, the defendant taking the active management and control thereof, and thus matters continued from that time until their separation in May, 1908. The evidence shows that beginning shortly after their marriage the defendant was rude to his wife, frequently speaking to her in a rough, coarse manner, and showed an utter disregard for her opinions and feelings. He resented any effort on her part to have a voice in the management of her property, and frequently in the presence, not only of their children and their immediate neighbors and friends, but of strangers, behaved towards her in such a manner as to bring the blush of shame to her cheeks and tears to her eyes. He would tell her to shut her mouth, and, according to the testimony of two witnesses, curse and abuse her. When she was not treated in the manner above indicated, he would at times refuse to answer questions which she would ask him and utterly ignored her and her wishes as expressed to him, and according to many of the witnesses, he seemed to invariably adopt one of two courses toward his wife when in the presence of others, either to speak to her in such a way as to indicate that he entertained an utter contempt for her and her opinions, or else refused to recognize or speak to her at all, when both the occasion and her conversation required that he should speak. All of the witnesses for both plaintiff and defendant testify that he was a rough, coarse man, who seemed to think it smart to "cut monkey shines," as the witnesses describe it.

The most that is offered in the record in palliation or defense of his conduct is the testimony of some of his witnesses who say that they were occasionally at the Grow home and saw no evidence of...