(dissenting in part). Jurisdiction of a circuit court hearing divorce matters depends on the grant of the statute and npt upon its general equity powers.
The statute recognizes the common law obligation resting upon the father to provide for the maintenance of the children. SDC 14.0726. The court has continuing authority to revise or alter provisions of a divorce decree for care, custody and support of children. SDC 14.0724, 14.0726. This is in recognition of the fact that the continuing welfare of children may be adversely affected by changing circumstances unless provisions in the decree are changed. The court cannot, however, in the absence of fraud or other similar grounds alter or modify the other rights of the parties resulting from the divorce or from the division or assignment of property including the homestead. Van Diepen v. Van Diepen, 73 S.D. 366, 43 N.W.2d 499.
It is indicated in the majority opinion that property of the wife fixed in her by the original decree and freed of rights of homestead and not subject to a trust or other right for the benefit of the minor children may be awarded as part of their support allowance. This the court has in my opinion no statutory authority to do.