Drury v. Drury
| Decision Date | 09 March 1935 |
| Docket Number | 32101. |
| Citation | 141 Kan. 511,41 P.2d 1032 |
| Parties | DRURY v. DRURY. [*] |
| Court | Kansas Supreme Court |
Syllabus by the Court.
Judgment attempting to transfer judgment lien for alimony from one piece of property to another after expiration of term at which original lien was created held void.
District court had no authority to modify judgment by transferring alimony lien from one piece of property to another after expiration of the term at which the original judgment was rendered.
Appeal from District Court, Sedgwick County; Ross C. McCormick Judge.
Action for divorce by Frank W. Drury against Leota Drury. From a judgment transferring lien for alimony from one piece of property to another after expiration of term at which original lien was created, plaintiff appeals.
Reversed and remanded, with directions.
Morris H. Cundiff, of Wichita, for appellant.
D. W Eaton, of Wichita, for appellee.
The appeal is from a judgment transferring a lien for alimony from one piece of property to another after expiration of the term at which the original lien was created.
In an action for divorce commenced by plaintiff, Frank Drury against his wife, Leota Drury, a divorce wins granted to defendant. Defendant was awarded alimony and an attorney fee in the sum of $1,050. Plaintiff was the owner of lots on Holyoke avenue, in the city of Wichita. The award of alimony and attorney fee was made a lien on those lots, which were adjudged to be plaintiff's sole and separate property subject to the lien. Plaintiff was also the owner of lots on south Market street, and lots on Lawrence avenue. Those lots were adjudged to be the sole and separate property of plaintiff, free from any right or interest of defendant.
Defendant undertook to enforce her lien on the Holyoke avenue lots and, pursuant to order of sale, the lots were sold for $750. Defendant was the purchaser. The lots were mortgaged, the costs which defendant would be obliged to pay were $150, she had no money, she could not borrow money, and she could not make her bid good. The sheriff made return of no sale.
The judgment for alimony and for lien on the Holyoke avenue lots was rendered on April 11, 1933, at the April term of the district court. The term expired on October 2, 1933. On August 11, defendant filed a motion describing her plight and praying that her position be strengthened by giving her a lien on lots other than the Holyoke...
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Hoffman v. Hoffman
...decision of the court vacating that judgment must be reversed." (125 Kan. page 724, 266 P. page 42.) (Italics supplied.) In Drury v. Drury, 141 Kan. 511, 41 P.2d 1032, judgment was rendered for alimony. At the same term the defendant filed a motion to modify the portion of the decree pertai......
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Smith v. Smith
...after the term at which it is rendered, except as provided in the civil code (Heston v. Finley, 118 Kan. 717, 236 P. 841; Drury v. Drury, 141 Kan. 511, 41 P.2d 1032; and Keys v. Smallwood, 152 Kan. 115, 102 P.2d 1001); (2) that a judgment of divorce settles all the property rights and oblig......
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... ... 615, 232 P. 1041; J. B. Colt Co. v ... Clark, 125 Kan. 722, 266 P. 41; Thornton v. Van ... Horn, 140 Kan. 568, 37 P.2d 1015, and Drury v ... Drury, 141 Kan. 511, 41 P.2d 1032 ... Appellant ... cites Publishing House v. Heyl, 61 Kan. 634, 60 P ... 317, Barnett v ... ...
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Penn Mut. Life Ins. Co. v. Warner
... ... 615, 232 P. 1041; J. B. Colt CO. v. Clark, 125 Kan ... 722, 266 P. 41; Thornton v. Van Horn, 140 Kan. 568, ... 37 P.2d 1015, and Drury v. Drury, 141 Kan. 511, 41 ... P.2d 1032. These cases announce and apply the well-settled ... rule that a trial court has control over its judgment ... ...