Savell v. Savell, No. 47373

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtROBERTSON
Citation290 So.2d 621
PartiesAlton SAVELL v. Mrs. Blanche Brown SAVELL.
Decision Date18 February 1974
Docket NumberNo. 47373

Page 621

290 So.2d 621
Alton SAVELL
v.
Mrs. Blanche Brown SAVELL.
No. 47373.
Supreme Court of Mississippi.
Feb. 18, 1974.

Page 622

Roy Noble Lee, Thomas D. Lee, Forest, for appellant.

O. B. Triplett, Jr., O. B. Triplett, III, Forest, for appellee.

ROBERTSON, Justice:

After a full hearing, the Chancery Court of Newton County, Mississippi, found and decreed that, because of a resulting trust, Mrs. Blanche Brown Savell was the beneficial owner of an undivided 1/2 interest in eighty acres of land in Newton County, and that the defendant, Alton Savell, should convey her undivided 1/2 interest to her. The court also ordered Savell to pay Mrs. Savell $90.00 per month alimony, and adjudged that she was entitled to 1/2 of the net proceeds of a fire insurance policy on the home located on the 80 acres, which home had burned to the ground.

Defendant contends that the trial court committed error:

(1) in holding that, under a resulting trust, complainant was the beneficial owner of an undivided 1/2 interest in the former homestead of 80 acres;

(2) in granting complainant $90.00 per month alimony; and

(3) in ordering 1/2 of the net proceeds of the fire insurance policy paid to complainant.

On bill of complaint filed by Mrs. Savell, the Chancery Court of Newton County, on November 17, 1969, granted the complainant a full and complete divorce on the ground of habitual cruel and inhuman treatment. The court also granted the complainant custody and control of their 18-year old daughter, ordered the defendant to pay to the complainant $75.00 per month, and found the complainant entitled to the exclusive use and possession of the residence and the 80 acres of land, 'together with all furniture, fixtures, appliances and supplies as located in the home on said property.' Savell was 'enjoined from in anywise interfering with the said complainant, Mrs. Blanche Brown Savell in the peaceful use and occupancy of said property and the improvements thereon.'

In affirming that decree on October 26, 1970, this Court said:

'The next assignment of error relates to the exclusive use of the home and farm by the wife. The parties have been married since 1945. The appellee is a middle-aged woman with no particular specialty for earning a living though she is presently employed, and moreover, she was not awarded any means of support other than the use and occupancy of the land. Under these circumstances we cannot state that the chancellor was manifestly wrong in this award.' Savell v. Savell, 240 So.2d 628, 630 (Miss.1970).

About three weeks later, on November 15, 1970, the home and all of its contents were destroyed by fire.

On December 1, 1970, Mrs. Savell filed a bill of complaint praying that the proceeds of the fire insurance, after satisfaction of the indebtedness to Veterans Farm and Home Board, be applied to restoring the home.

On November 30, 1971, Mrs. Savell filed a 'Petition to Modify Former Decree or Make New Decree' in which she prayed:

'(T)hat a decree be rendered, adjudicating her to be a co-owner of the 80 acre tract above described and adjudicating that the defendant holds the half interest of complainant as trustee and establishing and enforcing a trust upon said property for the benefit of complainant; that the proceeds of said fire insurance be applied by the Court either towards

Page 623

the construction of a new dwelling house if said defendant can be compelled to restore said dwelling house, or to be applied upon the present indebtedness of complainant on the house trailer in which she now lives on said property and that a decree be rendered awarding monthly alimony to complainant as the money equivalent of the provisions made for her by the decree of this Court of November 7, 1969.'

The Chancery Court consolidated for trial the original bill of complaint filed December 1, 1970, and the petition to modify filed November 30, 1971, and after a full trial entered decree as heretofore stated.

We think that the Chancery Court was correct in its decree.

The chancellor has wide discretion and latitude in divorce and alimony matters. Mississippi Code 1942 Annotated section 2743 (1956), (Mississippi Code Annotated section 93-5-23 (1972)), provides in part:

'When a divorce shall be decreed...

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15 practice notes
  • Harrington's Estate, Matter of, No. 5606
    • United States
    • United States State Supreme Court of Wyoming
    • July 22, 1982
    ...1967), and McGean v. McGean, D.C.App., 339 A.2d 384 (1975); Braly v. Braly, 244 Ga. 773, 262 S.E.2d 94 (1979); Savell v. Savell, Miss., 290 So.2d 621 (1974); Ford v. Simpson, Tex.Civ.App., 568 S.W.2d 468...
  • Hemsley v. Hemsley, No. 92-CA-00423
    • United States
    • United States State Supreme Court of Mississippi
    • July 7, 1994
    ...Page 912 alimony, retirement benefits and attorney's fees, we affirm. Bracey v. Bracey, 408 So.2d 1387 (Miss.1982); Savell v. Savell, 290 So.2d 621 (Miss.1974); See Miss.Code Ann. Sec. 93-5-23." Colvin v. Colvin, 487 So.2d 840, 841 I. THE COURT ERRED BY AWARDING ALIMONY TO ELIZABETH M. HEMS......
  • Boykin v. Boykin, No. 07-CA-59612
    • United States
    • Mississippi Supreme Court
    • June 27, 1990
    ...1375 (Miss.1983) ("We hold that the chancellor did not abuse his Page 1113 discretion in [awarding] use of the home."); Savell v. Savell, 290 So.2d 621, 624 (Miss.1974) ("The awarding of the use and occupancy of the home place to the [wife] was an integral part of the support due by a husba......
  • Gambrell v. Gambrell, No. 93-CA-00541
    • United States
    • United States State Supreme Court of Mississippi
    • October 13, 1994
    ...or Page 441 substantial change in the circumstances of the parties. Spradling v. Spradling, 362 So.2d 620 (Miss.1978); Savell v. Savell, 290 So.2d 621 (Miss.1974). Further, the change in circumstances must be one not anticipated by the parties at the time of the decree. Clark v. Myrick, 523......
  • Request a trial to view additional results
15 cases
  • Harrington's Estate, Matter of, No. 5606
    • United States
    • United States State Supreme Court of Wyoming
    • July 22, 1982
    ...1967), and McGean v. McGean, D.C.App., 339 A.2d 384 (1975); Braly v. Braly, 244 Ga. 773, 262 S.E.2d 94 (1979); Savell v. Savell, Miss., 290 So.2d 621 (1974); Ford v. Simpson, Tex.Civ.App., 568 S.W.2d 468...
  • Hemsley v. Hemsley, No. 92-CA-00423
    • United States
    • United States State Supreme Court of Mississippi
    • July 7, 1994
    ...Page 912 alimony, retirement benefits and attorney's fees, we affirm. Bracey v. Bracey, 408 So.2d 1387 (Miss.1982); Savell v. Savell, 290 So.2d 621 (Miss.1974); See Miss.Code Ann. Sec. 93-5-23." Colvin v. Colvin, 487 So.2d 840, 841 I. THE COURT ERRED BY AWARDING ALIMONY TO ELIZABETH M. HEMS......
  • Boykin v. Boykin, No. 07-CA-59612
    • United States
    • Mississippi Supreme Court
    • June 27, 1990
    ...1375 (Miss.1983) ("We hold that the chancellor did not abuse his Page 1113 discretion in [awarding] use of the home."); Savell v. Savell, 290 So.2d 621, 624 (Miss.1974) ("The awarding of the use and occupancy of the home place to the [wife] was an integral part of the support due by a husba......
  • Gambrell v. Gambrell, No. 93-CA-00541
    • United States
    • United States State Supreme Court of Mississippi
    • October 13, 1994
    ...or Page 441 substantial change in the circumstances of the parties. Spradling v. Spradling, 362 So.2d 620 (Miss.1978); Savell v. Savell, 290 So.2d 621 (Miss.1974). Further, the change in circumstances must be one not anticipated by the parties at the time of the decree. Clark v. Myrick, 523......
  • Request a trial to view additional results

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