Van Vleet v. Van Vleet

Decision Date01 July 1919
Citation42 N.D. 470,174 N.W. 213
PartiesVAN VLEET v. VAN VLEET.
CourtNorth Dakota Supreme Court
OPINION TEXT STARTS HERE
Syllabus by the Court.

In an action for divorce, brought by the wife, where the divorce is granted on the grounds of cruelty, it is held:

(1) For reasons stated in the opinion, the judgment awarding a division of the property should be modified, by effecting a division of the property in lieu of an annuity, payable monthly; and, pending such division, an allowance of $55 per month is made for the support of the plaintiff and appellant.

Appeal from District Court, Burleigh County; W. L. Nuessle, Judge.

Action for divorce by Belle Van Vleet against Edwin Van Vleet. Judgment for plaintiff. From the part of the judgment awarding her a share of a portion of property to be paid in the form of an annuity, defendant appeals. Modified and affirmed.Newton, Dullam & Young, of Bismarck, for appellant.

Sullivan & Sullivan, of Mandan, for respondent.

BIRDZELL, J.

This is an appeal from a judgment entered in the district court of Burleigh county in a divorce action. The only portion of the judgment which is attacked in the appeal is that which adjudges it to be advisable that the plaintiff's share or portion of the property be paid to her in the form of an annuity, payable at the rate of $35 per month for the period of her life, and awarding the defendant the custody of a minor child, Allen Van Vleet, during vacation periods.

The record shows that the parties to the action were married in October, 1890; that 10 children were born of the marriage, 7 of whom are living, 3 being minors at the time the action was begun. The defendant at various times treated the plaintiff with extreme cruelty, and in January, 1917, practically ordered her to leave the place. It appears that during their marriage there was acquired property consisting of five quarter sections of land and personal property valued in all at about $28,000, against which there were incumbrances of $16,000, making the net worth of all the property jointly accumulated approximately $12,000. The plaintiff is 50 years of age, and is perhaps not physically able to support herself. Neither should she be expected to do so. In dividing the property, the court took into consideration the fact that it was heavily incumbered, and also, doubtless, was of the opinion that the interests of all parties would be best subserved by an arrangement that would keep the farm lands under the control of the defendant, thus better enabling him to provide the necessary support for the family. The amount apportioned to the plaintiff, and which is made a lien on the land, is more than the equivalent of a 7 per cent. return on one-half the net value of the property.

Taking into consideration the ages of the respective parties, the remoteness of the probability that the plaintiff could make better provision for her support if...

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4 cases
  • Fischer v. Fischer
    • United States
    • North Dakota Supreme Court
    • January 7, 1966
    ...to Mr. Fischer. Our court has on a number of occasions approved divisions of property on an other than equal basis. In Van Vleet v. Van Vleet, 42 N.D. 470, 174 N.W. 123, the wife was granted a divorce on the grounds of extreme cruelty of the husband. The trial court provided in its judgment......
  • Piper v. Piper
    • United States
    • North Dakota Supreme Court
    • February 25, 1976
    ...of the court and failed to move to amend the findings as authorized by Rule 52(b). Citing a line of cases including Van Vleet v. Van Vleet, 42 N.D. 470, 174 N.W. 213 (1919); Agrest v. Agrest, 75 N.D. 318, 27 N.W.2d 697 (1947), and Dahl v. Dahl, 97 N.W.2d 844 (N.D.1959), Kay contends that th......
  • Beckstead v. Beckstead
    • United States
    • Idaho Supreme Court
    • April 21, 1931
    ... ... interest to the extent of $ 8,100 of the community valued at ... about $ 22,000. (Van Vleet v. Van Vleet, 42 N.D ... 470, 174 N.W. 213.) ... If the ... retained management of the farms, until a division may be ... ...
  • Comer v. Thompson
    • United States
    • North Dakota Supreme Court
    • September 8, 1919

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