Martin v. Martin

566 So. 2d 704, 1990 WL 124899
CourtMississippi Supreme Court
DecidedAugust 8, 1990
Docket89-CA-0795
StatusPublished
Cited by90 cases

This text of 566 So. 2d 704 (Martin v. Martin) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Martin, 566 So. 2d 704, 1990 WL 124899 (Mich. 1990).

Opinion

566 So.2d 704 (1990)

Nancy B. MARTIN
v.
Larry MARTIN.

No. 89-CA-0795.

Supreme Court of Mississippi.

August 8, 1990.

*705 Eugene C. Tullos, Tullos & Tullos, Raleigh, R.K. Houston, Jr., Bay Springs, for appellant.

Aleita M. Sullivan, Mendenhall, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and BLASS, JJ.

ROY NOBLE LEE, Chief Justice, for the Court:

Nancy Martin (Nancy) filed suit for divorce from Larry Martin (Larry) in the Chancery Court of Smith County, Mississippi, on the ground of habitual cruelty and inhuman treatment. She also sought custody of the parties' three minor children, support and alimony, and adjudication of their respective interests in certain real and personal property. Larry filed a counterclaim seeking a divorce on the ground of adultery and also sought custody of the children and division of the property. On June 9, 1989, the lower court granted a divorce to Larry, granted custody of the children to Nancy, and adjudicated the property rights between the parties. Nancy has appealed and presents eight (8) issues for decision. Larry has cross-appealed and presents three (3) issues for decision.

FACTS

The parties were married March 23, 1965, in Smith County, Mississippi. Nancy was sixteen (16) years of age and in the tenth (10th) grade; Larry was twenty (20) years old. The record reflects that both these young people were energetic, industrious, intelligent, and that they accumulated more than modest means. Sadly, as often happens, after producing four (4) children and establishing themselves, something happened to shadow their relationship, marriage and family. In the beginning, the parties lived in Raleigh from 1966 to 1972 then moved to Vicksburg. Nancy entered cosmetology school but quit when her first child, Paula, was born in June 1969. When Paula was three years old, Nancy concluded her beauty course and began working.

On May 23, 1970, the parties bought 101 acres of land from Larry's father at a reduced price, the deed being made to Larry alone. They executed a note and deed of trust covering the land in the sum of $7,500.00, payable at $75.00 per month for eight (8) to ten (10) years. The parties moved back to Raleigh where Larry began working for his father, wiring houses at a pay rate of $75.00 per week. Nancy worked as a beautician earning $75.00 to $100.00 per week.

In 1973, Larry joined a carpenter's union and Nancy quit her job a month before their son, Todd, was born on December 10, 1973. She resumed work at a beauty shop in Raleigh in 1975 and worked there until approximately a month before their second daughter, Jamie, was born April 22, 1977. After joining the carpenter's union in 1973, Larry worked at the Grand Gulf Nuclear Power Plant in Port Gibson and on various other jobs until 1983. From that time until 1988, Larry worked fairly steadily, subject to a few short layoffs, with Bechtal Corporation at Grand Gulf. His last hourly pay scale was $13.62.

In 1976, Larry's parents deeded to him and Nancy, as joint tenants by the entirety, four acres of land. Larry and Nancy borrowed money and built a home on the property, secured by a note and deed of trust. At the time of trial, the balance of the mortgage was approximately $28,000.00. When she was not having children, and until the babies were old enough, Nancy worked part-time at a beauty shop and part-time at her parents' grocery store and cafe earning from $75.00 to $100.00 per week. The fourth child, Joshua, was born June 9, 1981. Nancy returned to work approximately six weeks after his birth and continued until 1985.

*706 In June 1985, the parties bought from Larry's parents five acres of land located directly across the road from the parents' home. The land was conveyed to them as tenants by the entirety. The property had two commercial chicken houses on it and Larry and Nancy borrowed money, and built a third chicken house on the property. At the time of trial, approximately $80,000.00 was owed on the property.

The parties began raising chickens for commercial sale under contract with McCarty Farms, Inc. At the time, Larry was working eight (8) to sixteen (16) hours per day, from five to seven days per week and drove about five hours to and from work. Nancy was primarily responsible for the chickens during the time Larry was away.

The parties continued to prosper and, apparently, the family continued to live happily, until Jim Applewhite, broiler serviceman on their farm for McCarty Farms, Inc., entered the picture. Larry was laid off from Grand Gulf in January 1988, and remained unemployed except for the poultry operation, until the time of trial. In March 1988, Larry discovered that Nancy was having an affair with Jim Applewhite. He threw Nancy's diamond engagement ring into the pond; continued to live in their house, but did not have sexual relations with her; and did not want to continue the marriage. Suffice to say, the divorce followed and during the trial, Nancy admitted her relationship with Jim Applewhite and meeting him at her home and the home of her parents. At trial, Jim Applewhite testified, confessing specifically to his part in the illicit affair.

The chancellor entered judgment granting the following relief:

(1) Larry was entitled to divorce on the ground of adultery.
(2) Nancy was found not to be unfit for the custody of the children and custody was awarded to her. Liberal visitation rights were granted to Larry.
(3) The four acre chicken farm tract and the home and five acres and farm equipment was adjudicated to be jointly owned by the parties, they were ordered to be appraised and each party was to be given the opportunity to purchase the interest of the other party. Otherwise, the proceeds of the sale was ordered divided equally between the parties.
(4) The 1986 Chrysler Fifth Avenue automobile was awarded to Nancy and the other vehicles, e.g., 1973 pulpwood truck, a 1973 Ford four wheel drive truck, 1982 Nissan Sentra automobile, and a welding machine, cutting torch and welding equipment, were granted to Larry.
(5) Nancy was held to and entitled to own a twenty (20%) percent interest in the 101 acre tract of land.
(6) Larry would have use of the home of the parties until its disposition under the terms of the decree.
(7) Permanent support for the children was not be determined until disposition of the four acre tract and five acre tract.
(8) Each party pay his/her attorney's fees and the costs of the proceeding be divided equally between them.

LAW

I.

NANCY WAS ENTITLED TO A DIVORCE ON GROUNDS OF HABITUAL CRUEL AND INHUMAN TREATMENT?

II.

NANCY WAS ENTITLED TO ATTORNEY'S FEES.

III.

EVIDENCE SHOULD NOT BE REQUIRED TO ESTABLISH THE McKEE FACTORS FOR ATTORNEY'S FEES.

IV.

THE CHANCELLOR ERRED IN FAILING TO REQUIRE LARRY TO PAY ALL OF THE COURT COSTS.

Nancy contends she was (1) entitled to divorce on the ground of habitual cruel and inhuman treatment, (2)(3) attorney's fees, (4) court costs. To the first contention, *707 we apply the established principle that, on a finding of fact, this court will not reverse the chancellor unless it is determined that he was manifestly wrong in that finding. Cheatham v. Cheatham, 537 So.2d 435, 442 (Miss. 1988); Wood v. Wood, 495 So.2d 503, 505 (Miss. 1986). The chancellor granted the divorce on the ground of adultery.

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Bluebook (online)
566 So. 2d 704, 1990 WL 124899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-martin-miss-1990.