On Rehearing.
Appellee, Mrs. Annie Clark, has filed in this court a remittitur of her claim for all moneyed judgments against the appellants W. W. Bray and his wife, Belle Bray, and has also waived her claim to all interest in the household and kitchen furniture and the real estate, except an undivided one-half interest therein. Appellants did not in their answer and do not in this court claim anything but an undivided one-half interest in the household furnishings and fixtures and real estate involved in this litigation. There being no other converted issues that necessitate a reversal of this cause, the judgment of the trial court is reformed to the extent that appellee is denied any recovery against appellants for the moneyed judgment on the $500 note sued on, and for rent, and for the amount claimed on the automobile, and appellee is given judgment for an undivided one-half interest in all of the household and kitchen furnishings described in the judgment as rendered by the trial court, and also an undivided one-half interest in the real estate described in said judgment, and appellant Mrs. Belle Bray is given judgment for an undivided one-half interest in said household and kitchen fixtures and furniture and real estate. There being nothing in the record showing the items of household and kitchen fixtures and furniture, or the value thereof, and no finding by the trial court as to whether same can be divided in kind, and it appearing that this portion of the judgment of the trial court is severable from the other issues raised and disposed of, and that its disposition does not in any way depend upon any other issue in the case, it is ordered that the judgment in so far as it affects the household and kitchen furniture be and same is reversed, with instructions to the trial court to ascertain the kind, class and character of the household and kitchen fixtures and furniture which belonged to appellants and appellees jointly, and ascertain whether same can be divided in kind; and, if same can be divided in kind, then have same divided by commissioners appointed for that purpose; and, if same cannot be divided in kind, then the trial court shall order said personal property sold, and the proceeds derived therefrom, after paying the expenses incident thereto, divided equally, one-half to appellant Mrs.- Belle Bray and the other half to appellee, Mrs. Annie Clark.
The judgment of the trial court in all other respects is affirmed.