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Stevens v. Stevens

SEPTEMBER 9, 1957.

BETTY ADELE WRIGHT STEVENS, PLAINTIFF-APPELLANT,

v.

CHESTER A. STEVENS, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of DeKalb county; the Hon. CASSIUS POUST, Judge, presiding. Decree affirmed.

JUSTICE SPIVEY DELIVERED THE OPINION OF THE COURT.

Rehearing denied October 1, 1957.

Plaintiff, Betty Adele Wright Stevens (appellant), filed suit for divorce in the Circuit Court of DeKalb county on the grounds of extreme and repeated cruelty and alleged in her verified complaint, among other things, that she has marital debts of $303; that she has title to and owns separate and apart from the defendant an interest in real estate in DeKalb, Illinois and a fee simple title to real estate in Glencoe, Illinois, and all personal property in her possession; that she owns a Chevrolet car, title to which is held by the defendant; that she has borrowed $1,600 from the DeKalb Trust and Savings Bank which she loaned to the defendant upon his promise to repay, but upon demand he has not repaid; and that the defendant earns $200 per week.

In her prayer for relief, plaintiff among other things prays that the defendant be ordered to pay support money for the children, alimony, attorney's fees, and costs of the proceedings; that she be declared the owner free of homestead, dower or any right in defendant in any and all property, real, personal, and mixed described in the complaint; that the defendant be ordered to return the title to the Chevrolet car; that he repay the $1,600 loan; and that he assume the marital debts.

Defendant filed a verified answer and counterclaim denying all of the material allegations in the complaint and alleging adultery in his counterclaim.

A jury trial was had resulting in a verdict for the plaintiff on the complaint and for the counter-defendant on the counterclaim.

Following the jury trial and on October 19, 1956, on plaintiff's motion a hearing before the court was held on the questions of custody, alimony, child support, property rights, attorney fees, and other expenses of proceedings.

On December 21, 1956, the chancellor entered a decree of divorce for the plaintiff on the verdicts and found, among other things, that the parties owned equal equities in the Glencoe real estate; that they jointly owned the furniture, fixtures, equipment, and household goods; and that the defendant received a net salary of $669.96 a month. In the decree it was ordered that the plaintiff have the sole care, custody, and education of the minor children and the defendant have partial custody for the purpose of visitation; that the Glencoe property be sold immediately and the proceeds be used, (1) to retire the mortgage on the Glencoe property with the State Bank and Trust Company, (2) to pay plaintiff's indebtedness in the amount of $2,256.50, including the loan in the amount of $1,600 plus interest that plaintiff owes to the DeKalb Trust and Savings Bank, (3) to pay defendant's indebtedness in the amount of $3,557.15, (4) to pay Rodney A. Wright $195 advanced in this litigation, (5) to pay Rodney A. Wright $1,800 as attorney fees for plaintiff, and (6) to divide the net balance between the plaintiff and defendant; that the personal property now in possession of the respective parties shall be theirs absolutely; that defendant turn over all his right, title, and interest in the Chevrolet automobile to plaintiff; that defendant pay plaintiff permanent alimony of $100 per month and child support of seventy-five dollars per month for each child until they become of age; that defendant maintain all existing life insurance and medical benefit policies with the minor children as irrevocable joint beneficiaries; and that plaintiff and defendant pay plaintiff's attorney Rodney A. Wright as attorney fees $1,800, payable as provided from the sale of Glencoe property.

The trial court in the same day, December 21, 1956, entered the following order,

"Upon agreement between the parties hereto

"It is hereby ordered that the parties shall convey by warranty and quit claim deeds the family home at 406 Sunset Lane, Glencoe, Illinois, to Lillian R. Marshall and Helen C. James for a purchase price of $38,500.

"The net proceeds of said sale after paying mortgage notes, past due mortgage payments and interest, title charges and real estate fees, shall be turned over, by certified check payable to the clerk of the Circuit Court of DeKalb ...


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