Holcomb v. Holcomb, 9045.
| Court | Supreme Court of West Virginia |
| Writing for the Court | MAXWELL |
| Citation | 8 S.E.2d 889 |
| Parties | HOLCOMB . v. HOLCOMB. |
| Docket Number | No. 9045.,9045. |
| Decision Date | 07 May 1940 |
8 S.E.2d 889
HOLCOMB .
v.
HOLCOMB.
No. 9045.
Supreme Court of Appeals of West Virginia.
May 7, 1940.
1. 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.
2. 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. 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.
Decree reversed, and cause remanded for further proceedings.
Dana C. Eakle, of Clay, and Harper & Baker, of Spencer, for appellant.
E. P. Alderson, of Summersville, 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 chancellor 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 v. 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, payable in annual installments of $500 each, with interest. At the time of the institution of the present suit all installments had accrued, but only $1,500 had been paid.
[8 S.E.2d 890]Though the decree for alimony did not specifically declare that the whole amount thereof, or the maturing installments, should constitute a lien on the real estate of Floyd Holcomb, it necessarily...
To continue reading
Request your trial
-
Robinson v. Robinson, (CC 728)
...748; Biggs v. Biggs, 117 W. Va. 471, 185 S. E. 857; Harman v. Harmon, 120 W. Va. 199, 196 S. E. 361; Holcomb v. Holcomb, 122 W. Va. 293, 8 S. E. 2d 889; Korczyk v. Solonka, 130 W. Va. 211, 42 S. E. 2d 814. In all the cases just cited, except the case [131 W.Va. 177] of Korczyk v. Solonka, 1......
-
Robinson v. Robinson, CC728.
...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 constitute a lien o......
-
Rakes v. Ferguson, 12212
...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 this Court said......
-
Robinson v. Robinson, CC728.
...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 constitute a lien on......