Reed v. Reed, No. 2--674A150
| Docket Nº | No. 2--674A150 |
| Citation | 338 N.E.2d 728, 167 Ind.App. 421 |
| Case Date | December 30, 1975 |
| Court | Court of Appeals of Indiana |
Page 728
v.
Helen W. REED, Appellee (Plaintiff below).
Page 729
Sidney E. McClellan, Muncie, for appellant.
Peterson, Ervin & Barry, Hartford City, for appellee.
BUCHANAN, Judge.
[167 Ind.App. 422] CASE SUMMARY
Defendant-Appellant Jack L. Reed (Jack) appeals from a divorce decree 1 granted to Plaintiff-Appellee Helen W. Reed (Helen), claiming the trial court abused its discretion in its division of the property of the parties.
We affirm.
The facts and evidence most favorable to Helen and in support of the trial court's judgment are:
Jack and Helen were married July 25, 1952, and three children were born of their marriage (Pamela, Brent, and Bradley).
At the time of their marriage both Jack and Helen were employed by the Indiana & Michigan Electric Company, at Muncie, Indiana. Within the first year of their marriage both parties left this employment and moved to a farm in Delaware County, where they devoted their time and energies to their own farming operation. By 1973, the Reeds were cultivating over 600 acres (mostly rented), of which they owned 30 acres.
Marriage problems began in early 1972 when Jack became involved with another woman. In the Fall of 1972, Jack told Helen another woman was taking her place. And, before Christmas of that year he informed her he would like a divorce so that he could 'come and go as he pleased without any questions asked'.
Jack sometimes lost his temper, called Helen unrepeatable names, and used physical force against her. The parties eventually became separated and Jack moved to an apartment in Muncie.
On February 16, 1973, Helen filed for divorce, but in May the parties effected a reconciliation, Jack agreeing to [167 Ind.App. 423] give up the other woman. However, two or three days later, Helen found Jack and the other woman together in a field on their farm. Disputes continued during this period, and finally Jack said, 'it wasn't going to work'.
The parties again separated in June, 1973, and Jack returned to live in his Muncie
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apartment. On August 2, 1973, Helen again filed for divorce.During their marriage, Jack and Helen incurred these joint debts:
JOINT DEBTS
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Farm residence $ 16,753.64
30 acre farm with improvements 17,748.91
Farm machinery 66,900.00
Joint debt to Helen's mother 14,655.20
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Total debts $116,057.75
They accumulated these joint assets:
JOINT ASSETS
------------
Residence $ 38,500.00
7 Subdivision lots 26,350.00
30 acre farm with improvements 64,500.00
Crops on hand (already harvested) 26,101.31
Farm machinery 52,400.00
Household goods 2,409.00
Cattle 7,500.00
1970 Buick Electra 2,075.00
1970 Buick Skylark 2,075.00
-----------
Total assets $221,910.31
RECAPITULATION
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Total assets $221,910.31
Total debts 116,057.75
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Net joint estate $105,852.56
The parties also jointly owned a 1971, F35 truck, with grain bed and hoist, and a 1970 Ford 3/4 ton pickup truck (the trucks), which Jack was awarded (no value stated).
There was further evidence that Jack would harvest.$19,000 worth of corn in 1973 (with accompanying farm expenses).
[167 Ind.App. 424] Jack individually possessed the following assets:
(1) A 1963 school bus, valued at $ 1,200.00
(2) A checking account 2,250.00
(3) A life insurance policy with cash value 3,200.00
(4) A coin collection valued at 350.00
(5) A gun collection valued at 1,000.00
Jack incurred various debts totalling $13,000.00.
As a school bus driver, Jack earned $600--$7000 per year. He also received $125 per month rent from the house located on the 30 acre farm.
Helen became employed by Merchants National Bank of Muncie on September 2, 1973, and had a take home pay of $69 per week. She owned certain assets, which came to her principally as the result of the death of her mother (Geraldine Harper) on February 25, 1972.
HELEN'S ASSETS
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Estate checking account $ 4,788.11
Randolph County Farm valued (at an average
$375.00 per acre) 44,250.00
Savings account 6,735.46
Cash 2,200.00
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Total assets $ 57,973.57
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On February 13, 1974, a property...
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Monroe v. State, No. 2--375A84
...but was apprehended. Defendant's girlfriend testified that defendant had been riding the motorcycle for several days and she did not [167 Ind.App. 421] know defendant's alleged friend. This testimony in conjunction with defendant's deliberate actions was substantial evidence which reasonabl......
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Monroe v. State, No. 2--375A84
...but was apprehended. Defendant's girlfriend testified that defendant had been riding the motorcycle for several days and she did not [167 Ind.App. 421] know defendant's alleged friend. This testimony in conjunction with defendant's deliberate actions was substantial evidence which reasonabl......