Ross v. Ross

Citations

• 103 Kan. 232
• 173 P. 291
• 1918 Kan. LEXIS 231

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Husband and Wipe — Separation Agreement ■ — Division of Property — Subsequent Divorce — Agreement Valid. After entering into a separation agreement which, among other things, required the payment by the husband to the wife of $1,200, the parties, after a separation of about a year, lived together again for some months, when a second separation took place, the wife suing for divorce and alimony on the grounds of extreme cruelty and gross neglect of duty. The court found that the contract was fairly made at the time, was understood by the plaintiff and had been substantially carried out, and that there was nothing said or done touching its abrogation, except the mere fact of living together. The court not only allowed suit money and counsel fees, but also allowed alimony. Held, that alimony was improperly awarded.</p>