Thompson v. Thompson

• Decision Date: 04 December 1888
• Parties: THOMPSON v. THOMPSON.
• Court: Wisconsin Supreme Court

73 Wis. 84

40 N.W. 671

THOMPSON

v.THOMPSON.

Supreme Court of Wisconsin.

December 4, 1888.

Appeal from circuit court, Dodge county; A. SCOTT SLOAN, Judge.

Action for divorce by Caroline Thompson against Frederick Thompson. Judgment for plaintiff, which was subsequently modified. From an order refusing to set aside the modification and subsequent orders plaintiff appeals.Lauder & Lauder and W. G. Coles, for appellant.

Geo. W Stevens, for respondent.

ORTON, J.

The plaintiff commenced suit against the defendant for divorce, charging him in her complaint with being an habitual drunkard, and with cruel and inhuman treatment, and the court found the defendant guilty of the acts as charged, and alleged in the plaintiff's complaint; and at the September term of the court, 1884, on the 24th day of January, 1885, ordered and adjudged that the marriage between the plaintiff and defendant be dissolved, and the parties and each of them freed from the obligations thereof. It seems that the defendant purchased and paid for a certain 40 acres of land, and caused the conveyance thereof to be made to the said plaintiff, and they occupied the same as a homestead. The court further ordered and adjudged that the said plaintiff retain possession of all the property, both real and personal, except the wearing apparel of the defendant, and the title of the real estate confirmed. It was further ordered and adjudged that the plaintiff pay to the defendant the sum of $42 a year, and that the same be a lien upon the real estate, etc., until the further order of the court. About the 15th day of July, A. D. 1887, G. W. Stevens, Esq., filed a petition on behalf of the defendant, to modify the above judgment; and the court on the 29th day of July, 1887, modified said judgment as follows: The above finding is repeated; and the court further found that the interest of the defendant in the said 40 acres of land is $684, and interest at 7 per cent. per annum on the $600 from the 2d day of January, 1887. The $84 in the finding is supposed to be two years' interest on $600 embraced in the first judgment, and remaining unpaid. Then the court repeats the original judgment of divorce, and the judgment that the plaintiff retain possession of all the property, real and personal; and adjudged that the defendant have an interest in said land of $684, and that it be a lien thereon, and that said land be chargeable therewith, and that the plaintiff, within 30 days, execute a mortgage on the same to said Stevens, as trustee, to secure the same,--the $84 as due, and the $600 to be payable 7 years from January 2, 1887; the interest payable annually. In case the plaintiff refuses or neglects to execute said mortgage within 30 days, then it is ordered and adjudged that the sheriff sell said land upon giving public notice, and make a deed to the purchaser, and from the proceeds thereof pay said $684, and interest, and the balance to the plaintiff, and that the plaintiff pay said Stevens $10 within 30 days as the costs of the motion. On the 15th day of October, 1887, on motion of the plaintiff, the above modification of the original judgment was vacated and set aside; and on the 21st day of October, 1887, this last order was vacated, and the modification re-established. Then on the 8th day of May, 1888, the plaintiff moved to vacate and set aside the above-modified judgment of July 29, 1887, and all proceedings since the original judgment, dated January 24, 1885. From the order denying said...