Reid v. Reid

• Decision Date: 31 July 1974
• Citation: 298 So.2d 611,53 Ala.App. 189
• Parties: Ernestine Lewis REID v. Ottis Troy REID. Civ. 318.
• Court: Alabama Court of Civil Appeals

Page 611

298 So.2d 611

53 Ala.App. 189

Ernestine Lewis REID v. Ottis Troy REID.

Civ. 318.

Court of Civil Appeals of Alabama.

July 31, 1974.

Rogers, Howard, Redden & Mills, Birmingham, for appellant.

Jones & Landrum, Birmingham, for appellee.

HOLMES, Judge.

This is an appeal from a division of property as provided in a decree of divorce after a hearing Ore tenus.

The appellant-wife filed suit for divorce on the grounds of physical cruelty and incompatibility of temperament. Additionally, she sought custody of the parties' one minor child, alimony, child support and a division of property.

The record reveals the following pertinent information. The parties were married in 1947 and separated in 1973; three children were born of the union, only one being a minor at the time of the divorce proceeding; the appellee-husband was fifty-three years of age, gainfully employed, and the wife was forty-one, working part-time. Furthermore, the parties had accumulated the following personal and real property:

116 acres of land (originally inherited by the wife, but improved by the husband. Additionally, the husband paid an existing indebtedness on this land);

38 acres of land upon which the homeplace is situated;

60 acres of land purchased by the parties;

3 vehicles.

The record is clear that the parties' marriage was and had been for some time an unpleasant one, characterized by bickering, intemperate use of alcohol and some physical abuse. The trial court, as he expressed himself in his decree, was of the opinion that the wife was largely responsible for the breakdown in the marriage.

Based upon the above, the trial court, in pertinent part of its decree, awarded the 116 acre tract to the wife, ordered the 60 acre tract sold and awarded each party one-half of the sale proceeds, and awarded the 38 acre tract along with the homeplace to the appellee-husband. The parties were allowed to retain the respective vehicles in their possession at the time of trial. The wife was awarded custody of the child and appellee-husband was ordered to pay the sum of $50 per week child support. The wife was apparently allowed to retain a savings account in excess of $8,000 and a checking account in the amount of $1,300. Furthermore, the court granted the divorce on the ground of incompatibility of temperament.

Distinguished counsel for the appellant-wife ably contends by argued assignments of error that the trial court erred to reversal in the division of property. We cannot agree even though the trial court's judgment may not necessarily be the same as this court's.

There was some testimony regarding the relative values of the various properties. The wife testified the home was worth $25,000 and the 37 acres surrounding the homeplace was of value of $1,000 per acre. The husband testified the 116 acre tract was worth $400 per acre. Additionally, timber was cut off the large tract and returned some $9,500. There was no direct testimony as to the value of the 60 acre tract; however, the husband's testimony as to the value of the 116 acre tract can be viewed as including the 60 acre tract. That is to say, the 60 acre tract was also worth $400 per acre.

As this court has stated, a division of an estate in a divorce proceeding is an...