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PROPHET v. PETERSON

No. 8284.

291 P.2d 290 (1955)

Austine PROPHET, Plaintiff-Respondent, v. Dallas PETERSON and Mrs. Dallas Peterson, husband and wife, Defendants-Appellants.

Supreme Court of Idaho.

December 13, 1955.

Attorney(s) appearing for the Case

Merrill & Merrill, Pocatello, Cox, Ware & Stellmon, Lewiston, for appellant.

Robert M. Kerr, Jr., Blackfoot, for respondent.

KEETON, Justice.

Appellant Dallas Peterson and respondent Austine Prophet were formerly husband and wife, having married September 16, 1938. On June 18, 1950, appellant secured a default divorce from respondent on the grounds of mental cruelty. On September 30, 1950, Austine married Don Prophet. Dallas Peterson remarried August 21, 1951. "Appellant" as hereinafter used, refers to Dallas Peterson.

During the marriage of respondent and appellant, certain community...

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