Page:North Dakota Reports (vol. 48).pdf/439

 AASE ELLEFSON, Appellant, v. Nels Ellefson, Respondent.

Divorce-in granting divorce for incurable insanity, held proper to divide the property between plaintiff wife and the insane husband.

Plaintiff was granted a decree of absolute divorce from defendant on the ground of his incurable insanity. The court in its decree made a division of defendant's property between them, giving to plaintiff all of it except property valued at about Twelve Thousand ($12,000.00) Dollars, which it permitted to remain in defendant's name, and as his portion of the property.

From the decree plaintiff appeals and assigns error in that the court did not decree her all of the property. It is held for reasons stated in the opinion that the decree was proper and without error.

An appeal from the District Court of Sargent county, Nuessle, J.

Decree affirmed.

John A. Jorgenson, for appellant.

John W. Carr, for respondent.

, C. J. This was an action brought by the plaintiff against the defendant to obtain a divorce on the ground of his incurable insanity.

The material facts are as follows: Plaintiff and defendant intermarried in Norway in 1886, and they afterward removed to the United States and located in Sargent county, N. D. To the marriage were born seven children, all of whom are living with the exception of two, and all are of legal age except one.

In 1888 the defendant purchased the tree-claim rights of a third party to the southwest quarter of section 14, township 132 north of range 55, in Sargent county, N. D., and filed on the same as a homestead. In 1892 defendant purchased on crop payment the northwest quarter of the same section and later made full payment of the purchase price and received title thereto. In 1901 defendant was committed from Sargent county to the hospital for the insane at Jamestown. He escaped from there and