McLerran v. McLerran

562 S.W.2d 710, 1978 Mo. App. LEXIS 1977
CourtMissouri Court of Appeals
DecidedJanuary 30, 1978
DocketNo. KCD 28942 and KCD 29112
StatusPublished
Cited by9 cases

This text of 562 S.W.2d 710 (McLerran v. McLerran) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLerran v. McLerran, 562 S.W.2d 710, 1978 Mo. App. LEXIS 1977 (Mo. Ct. App. 1978).

Opinion

ROBERT R. WELBORN, Special Judge.

Appeal by husband from decree in marriage dissolution proceeding insofar as it related to division of marital property. Consolidated with that appeal is appeal of husband from judgment of contempt, based upon his failure to comply with court’s decree dividing marital property.

Maudie Meads, a widow with four minor children, was marred on September 4, 1963 to Lloyd Junior McLerran, the father of a teenage daughter by a prior marriage. Until their final separation in September, 1973, the parties with their children (no children [711]*711were born to the marriage) resided on a 33.5-acre farm which Maudie and her former husband had owned and which became her sole property upon his death. In 1964, the parties bought an adjoining 43-acre farm for $6,000. The parties, together with the children, farmed these two tracts along with other rented land, and the proceeds of the farming operation were expended for improvements to the 33.5-acre farm, paying for the 43-acre tract, and general farm and household operating expenses. The farm operation included cash crops of grain and also a livestock operation, involving registered Angus cattle and hogs. While her children were minors, Maudie received on their behalf social security and veteran’s benefits, earned by her former husband. These payments exceeded $59,000 during the period of the marriage. Some $45,000 of this amount went into family living expenses. The balance went into saving accounts, paid to the children as they attained their majority. Junior worked as a sales clerk one day a week during the marriage, earning $25 per day for such work, which he contributed to the family expenses.

Shortly before the final separation in September, 1973, the parties purchased a house in Clinton for $27,500. Upon the separation, Maudie, with her two minor sons, moved to that house and Junior remained at the farm residence.

The decree of dissolution was entered in May, 1975. The property subject to division was as follows:

1. The 33.5-acre farm.
2. The 43-acre farm.
3. The Clinton residence.
4. 74 head of cattle.
5. Sows and pigs.
6. 1968 Pontiac auto.
7. 1973 Chevrolet pickup truck.
8. Two tractors, hay baler, combine.
9. Lot of miscellaneous farm tools and equipment.
10. Household furnishings.

The Clinton residence had been financed by a $17,500 loan secured by a deed of trust and a $10,000 unsecured loan. The value of the parties’ equity was nil. In addition the parties were obligated on a $10,000 loan to the First National Bank of Clinton, secured by a chattel mortgage on machinery and livestock.

The court’s decree awarded the 33.5-acre farm to Maudie. The remainder of the property was to be divided, with Junior to receive an additional $1,965 for contribution to the increased value of the 33-acre tract.

In the decree here appealed from, the court notes that at the time of the dissolution proceedings, Junior agreed to an auction sale, at which the livestock, farm machinery and some furniture would be sold. According to the court, he did not conduct the sale, “but instead appealed from the property disposition order to the Missouri Court of Appeals, Kansas City District.”

When the matter came on for hearing in this court, it was concluded that the record was too sparse to permit review of the trial court’s order and the cause was remanded for further hearing and action by the trial court.

A hearing was held on June 26, 1976, at which the following particular matters were developed:

1. Following the first order and while Junior was living in the residence on the farm, described by Maudie as “in a beautiful shape” in 1973, the house had been practically destroyed, dogs had ruined the carpeting, the plumbing had been allowed to rust, holes had been shot in the walls, etc.

2. Junior had disposed of, admittedly, $21,181.18 worth of crops and livestock from the farm, without consulting Maudie or in any way accounting to her.

At the conclusion of the hearing, the court made the following division of the marital property:

To Junior:

1. “The moneys he has already received and now has in his possession as described above.” (Apparently this referred to the proceeds of the sales of livestock, which the court had previously detailed in its order.)

[712]*7122.A deep freeze, a heater, and other furniture which he brought to the marriage.

To Maudie:

1. The 33 and 43-acre tracts.

2. The 1968 Pontiac and the Chevrolet pickup.

3. The farm machinery.

4. A sow and four or five pigs.

5. All household furniture in her possession at Clinton or on the farm, except that awarded to Junior.

6. The balance remaining of $10,801.03 in the hands of the clerk of the court, after payment to the First National Bank of Clinton of $6,200, the balance due on the $10,-000 livestock and machinery note above mentioned, and unpaid court costs.

(The $10,801.03 represented the proceeds of cattle sold by Junior. At the hearing, he stated that that amount plus some $3,779.66 that he had received from other sales of cattle were in his safe deposit box at a Warsaw bank. The court ordered Junior to appear at the bank the following Monday and to deliver the contents of the box to officers of the First National Bank of Clinton who were ordered to deposit the same to the credit of the clerk of the court. When the box was opened, only the one check for $10,801.03 was in it and it was so deposited.)

There was little evidence on the value of the property involved. There was testimony that while the house on the 33-acre farm was in “beautiful” shape, $40,000 had been offered for the place. Junior valued the 43-acre tract at $600 per acre. The Chevrolet truck was inoperable and had been sitting in a field for several months. It can be assumed that any household furnishings to which appellant might be entitled were of nominal value.

The Clinton house was permitted to be returned to the financing agency in return for a release of the parties from liability for any deficiency.

On this appeal, the contention of appellant is not clearly articulated, but apparently his complaint is against the trial court’s failure to allow him the $8,915 which he contributed to the marriage in assets owned by him prior to the marriage and against its “awarding all of the marital property owned by the parties to the Respondent which was not a division of marital assets.”

Insofar as the $8,915 is concerned, appellant makes no argument that the certificate of deposit and subsequently sold boat which made up that total amount have remained intact or that there is any demonstration that identifiable property was exchanged therefor which could qualify as “property acquired in exchange for property acquired prior to the marriage” and which would be non-marital property under Section 452.330 2.(2), RSMo 1975 Supp.

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Cite This Page — Counsel Stack

Bluebook (online)
562 S.W.2d 710, 1978 Mo. App. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclerran-v-mclerran-moctapp-1978.