The Price of a Marital Settlement

In the case of J. W. Van Brocklin against his wife, Condara Van Brocklin, the defendant yesterday filed her answer and cross-complaint. She sets forth the date of their marriage, which she says was July 11, 1878, and not January 28, 1875, and gives a general denial to all his allegations. For a counter-claim and cross-complaint, she alleges that in the last year the plaintiff has been guilty of cruel treatment, indignities, etc. Community property is claimed, namely: the residence in Boren's addition, valued at $12,000; a tract in Maynard's addition, valued at $13,000, with improvements valued at $7,000; another tract in that plat, valued at $12,000; also property in Bell's Fourth addition, valued at $15,000. Defendant further claims that he induced her to enter into an agreement with him for the division of the community property whereby he gave her a note for $10,000, secured by mortgage, she waiving and pledging that if she would accept such division he would not attempt to secure a divorce, but that they would continue to live together, and, being moved by tears and threats, she accepted the arrangement. After that, she says, he asked a return of the note and mortgage to give her in lieu a deed of conveyance of the property. Thereafter he secured the return of the deed, and in lieu thereof he gave her a note for $5,000 and allows her $100 a month during her natural life. No children have been born to them, but they have one adopted daughter, Hdea. She asks for a divorce, the custody of the child, and an equitable division of the community property.