Wells v. Wells

• Court: Supreme Court of Kentucky
• Citation: Wells v. Wells, 293 S.W.2d 718 (Ky. 1956)
• Decision Date: 21 September 1956
• Parties: Clarence B. WELLS, Appellant, v. Opal Lyon WELLS, Appellee.

Page 718

293 S.W.2d 718

Clarence B. WELLS, Appellant, v. Opal Lyon WELLS, Appellee.

Court of Appeals of Kentucky.

Sept. 21, 1956.

M. J. See, Edwin D. Rice, Louisa, for appellant.

K. C. Elswick, Louisa, for appellee.

CLAY, Commissioner.

In this action appellee, Opal Wells, was granted a divorce from appellant, C. B. Wells, she was awarded $2,700 lump sum alimony and allowed the sum of $16,000 as restoration of her property.

Appellant first contends that his wife failed to sustain the burden of proving grounds for divorce, and therefore should not have been awarded alimony. The grounds alleged were cruel and inhuman treatment, habitual drunkenness and actions which indicated an outrageous temper. Appellee testified to substantial reprehensible conduct on the part of appellant. Though there was little corroboration and appellant denied the acts complained of, both the commissioner who heard the case and the Chancellor believed appellee's story. The findings of fact by the Chancellor, which are implicit in the judgment, are not clearly erroneous under CR 52.01, and we would therefore not be justified in making different findings for the purpose of reversing the alimony award.

Appellant next complains of the attachment which appellee secured against appellant's property, and particularly his business property. This phase of the proceeding is not properly in issue on this appeal, since the property attached has been sold and appellant's remedy, if any, is upon the bond executed by appellee.

Finally appellant...