Charnley v. Charnley
Charnley v. Charnley
Opinion of the Court
Tbe plaintiff appeals from those parts of' tbe judgment establishing tbe interest of each of tbe parties in tbe farm and mailing tbe final division and distribution of tbe real and personal property of tbe defendant. Tbe evidence set out in tbe foregoing statement of facts is without, dispute as to tbe amount each party contributed to tbe purchase of tbe real estate at Wauwatosa and as to tbe fact tbat. tbe wife contributed from earnings to tbe improvement of this property and of tbe farm in Sauk county, to which she held tbe exclusive title. Under tbe evidence we are persuaded tbat tbe sum of $900, which tbe court awarded ber as; and for ber interest in tbe Sauk county farm, is not a sufficient amount to restore to ber tbe just share she has in tbe farm. Tbe facts plainly establish tbat ber interest therein exceeds tbat amount. Since she has title to tbe whole thereof, the pertinent inquiry is, What part of this farm so held by ber did she derive from ber husband? It is clear tbat he-contributed tbe purchase price for one acre of tbe Wauwatosa-borne and tbat be contributed part of tbe means to make the improvements thereon. Tbe proceeds of tbe sale of tbe property were invested in tbe Sauk county farm, upon which tbe parties resided, and which they maintained and improved by their combined efforts and contributions. It appears tbat tbe defendant paid a mortgage on tbe farm, amounting to-$666, out of an inheritance. In view of tbe facts of tbe case it cannot be said tbat more than one half of tbe value of this-, farm, so held by tbe plaintiff, was derived from tbe defendant. Hence bis interest therein and tbe personalty, valued at $1,400, amount to about $3,100. Under tbe judgment of distribution of bis estate tbe court awarded him $2,500, to be-
By the Court. — It is so ordered. Neither party is to recover costs on this appeal. The respondent is to pay the clerk’s fees in this court.
Reference
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