Belle Holcomb v. Floyd Holcomb, (No. 9045)
| Court | Supreme Court of West Virginia |
| Writing for the Court | MAXWELL. |
| Citation | 122 W.Va. 293 |
| Parties | Belle Holcomb v. Floyd Holcomb |
| Decision Date | 07 May 1940 |
| Docket Number | (No. 9045) |
122 W.Va. 293
Belle Holcomb
v.
Floyd Holcomb
Supreme Court of Appeals of West Virginia.
Submitted April 16, 1940.
Decided May 7, 1940.
[122 W.Va. 293]
1. Divorce
Matured installments of permanent alimony stand as decretal judgments against the man charged therewith, and constitute a lien on his real estate under Code, 38-3-6, which makes every judgment for money a lien on the real estate of the debtor.
[122 W.Va. 294]
2. Divorce
A woman who has been divorced from her former husband and awarded alimony by decree against him, may maintain a suit in chancery to enforce the lien of the decree respecting matured installments unpaid.
3. Divorce
Where a divorced woman sues to enforce against her former husband's real estate the lien of her alimony decree respecting unpaid accrued installments, the bill should be treated as the foundation for an independent suit, and should not be required by the court to be filed as a petition in the divorce suit wherein the alimony had been decreed to the woman.
Appeal from Circuit Court, Clay County.
Suit by Belle Holcomb against Floyd Holcomb to enforce against defendant's realty a lien of a decree for alimony. The trial chancellor dismissed the cause as an original suit, and directed that the bill be filed and treated as a petition in the divorce suit, wherein the alimony, decree had been entered, and the plaintiff appeals.
Reversed and remanded.
Dana C. Eakle and Harper & Baker, for appellant.
E. P. Alderson, for appellee.
Maxwell, Judge:
By her bill herein the plaintiff seeks to enforce against the defendant's real estate the lien of a decree for alimony entered in her favor against him in 1929. The trial chan-celor sustained the defendant's demurrer to the bill and dismissed the cause as an original suit, but directed that the bill be filed and treated as a petition in the divorce case of Floyd Holcomb vs. Belle Holcomb, wherein the alimony decree mentioned had been entered on the crossbill of the defendant in that suit. This appeal was awarded the plaintiff in the instant suit.
The adjudication of alimony was in the sum of $5,000.00, payable in annual installments of $500.00 each, with interest. At the time of the institution of the present...
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Rakes v. Ferguson, No. 12212
...the decree. Robinson v. Robinson, 131 W.Va. 160, 50 S.E.2d 455; Korczyk v. Solonka, 130 W.Va. 211, 42 S.E.2d 814; Holcomb v. Holcomb, 122 W.Va. 293, 8 S.E.2d 889; Harman v. Harman, 120 W.Va. 199, 196 S.E. 361; Biggs v. Biggs, 117 W.Va. 471, 185 S.E. 857. In the opinion in the Biggs case thi......
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Robinson v. Robinson, No. CC728.
...that as to accrued alimony, the rule of the Goff case stands as established law; but we have not gone farther. In Holcomb v. Holcomb, 122 W. Va. 293, 8 S.E.2d 889, we held: "Matured installments of permanent alimony stand as decretal judgments against the man charged therewith, and constitu......
-
Robinson v. Robinson, (CC 728)
...that as to accrued alimony, the rule of the Goff case stands as established law; but we have not gone farther. In Holcomb v. Holcomb, 122 W. Va. 293, 8 S. E. (2d) 889, we held: "Matured installments of permanent alimony stand as decretal judgments against the man charged therewith, and cons......
-
Goff v. Goff, No. 17141
...W.Va. 480, 284 S.E.2d 907 (1981); Syl. Pt. 1, Korczyk v. Solonka, 130 W.Va. 211, 42 S.E.2d 814 (1947); Syl. Pt. 1, Holcomb v. Holcomb, 122 W.Va. 293, 8 S.E.2d 889 (1940); Harman v. Harman, 120 W.Va. 199, 196 S.E. 361 (1938); see also W.Va.Code § 48-2-16(a) (1986 Replacement Vol.). The gener......
-
Rakes v. Ferguson, No. 12212
...the decree. Robinson v. Robinson, 131 W.Va. 160, 50 S.E.2d 455; Korczyk v. Solonka, 130 W.Va. 211, 42 S.E.2d 814; Holcomb v. Holcomb, 122 W.Va. 293, 8 S.E.2d 889; Harman v. Harman, 120 W.Va. 199, 196 S.E. 361; Biggs v. Biggs, 117 W.Va. 471, 185 S.E. 857. In the opinion in the Biggs case thi......
-
Robinson v. Robinson, No. CC728.
...that as to accrued alimony, the rule of the Goff case stands as established law; but we have not gone farther. In Holcomb v. Holcomb, 122 W. Va. 293, 8 S.E.2d 889, we held: "Matured installments of permanent alimony stand as decretal judgments against the man charged therewith, and constitu......
-
Robinson v. Robinson, (CC 728)
...that as to accrued alimony, the rule of the Goff case stands as established law; but we have not gone farther. In Holcomb v. Holcomb, 122 W. Va. 293, 8 S. E. (2d) 889, we held: "Matured installments of permanent alimony stand as decretal judgments against the man charged therewith, and cons......
-
Goff v. Goff, No. 17141
...W.Va. 480, 284 S.E.2d 907 (1981); Syl. Pt. 1, Korczyk v. Solonka, 130 W.Va. 211, 42 S.E.2d 814 (1947); Syl. Pt. 1, Holcomb v. Holcomb, 122 W.Va. 293, 8 S.E.2d 889 (1940); Harman v. Harman, 120 W.Va. 199, 196 S.E. 361 (1938); see also W.Va.Code § 48-2-16(a) (1986 Replacement Vol.). The gener......