The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-02-19
DIVORCE AND $4,000.
This Is What the Court Grants tt
Mrs. o. p. Smith.
The Allegations Against Her Charac-
ter are Found to be Untrue.

! Ter are FOunQ 10 Dc Untrue.
Judge Severance today filed his de-
cision 10 the action for divorce and
alimony brought by Ella E. Smith
against Ozias P. Smith. The case
was tried Sept. 4th last, Thos. Hughes
and A. Il. Pau appearing for the
plaintiff, and H. L. Schmitt and Lorin
Cray for the defendant. 1t developed
several sensational features.
The court finds as matters of fact
that the parties were married July
Sth, 1892, and that the plaintiff then
had two minor children by former
marriage, and the defendant seven
children by a former marriage, and
that there are no children of their
marriage. 1t is also found that the
education and is not physically strong;
that up to Apr. %, 1895, she perform
ed all the household duties for the
defendant and his family; that from
time to time since June, 1893, the de-
PENDANT used vile and abusive
language towards her: that on or about
April %, 1895, the defendant so i'll
treated the plaintiff that she was
obliged to leave the house where they
resided and reside with her children
in miserable uncomfortable shanty
with only one room, up to the time Of
bringing this action; that said shanty
was open to the weather and cold, al
most without furniture and in every
respect an unfit place TO live in and
far below the plaintiffs station in
life: that during'the time the plaintiff
lived in shanty she was obliged to
work out and perform the most meni-
al labor to support herself and child
rem, the defendant furnishing her
with but very small amount of cloth
ing and food; that the plaintiff had no
property when she married the de-
PENDANT and has had none since; that
the defendant was habitually unkind
to her; that the defendant at times
went away and left the plaintiff and
her children alone in the house and
obliged her during such times to take
care of theEcOwS, horses and hogs, and
in some instances to clean the stables
and pens.
The court finds that the defendant
has been guilty of the cruel and in
human treatment of the plaintiff as
charged in the complaint.
1t is also found that the parties, in
contemplation of marriage, entered
into written agreement that the
plaintiff was to receive none of de
PENDANTS property In the event of his
death; that the defendant is the own
er of real and personal property OF the
value of $4,000. All of the allega-
tions contained in the defendants
answer tending to besmirch the
character of the plaintiff are found to
be untrue, and she is found to be a
virtuous, refined and respectab BILE
woman. The court finds that at the
time of the execution of the agree
ment referred to above, the defend
ant promised to deed to the plaintiff
homestead and give her policy of
insurance on his life for $1,000 if she
should execute the agreement, but
that he refused afterwards TO deed to
the plaintiff any homestead, but did
give her such life policy, but soon
suffered it to lapse.
AS conclusions of law, the court
finds that the plaintiff is entitled to
an absolute divorce and $4,000 alimony.
The court orders that $500 of this sum
be paid by the defendant to the
plaintiff within sixty days after entry
of judgment, and $1,000 within six
months. The $4,000 is declared to be
a lien upon the west ] of sw4, nw4,
and sw4, sw4, nw4, and nw4, nw4.
sw4, all in sec. "A, l0S27, or plaintiff
may enforce payment by execution
against the real and personal pro-
perty of the defendant.