Isaacs v. Isaacs

• Decision Date: 20 November 1913
• Citation: 79 S.E. 1072,115 Va. 562
• Parties: ISAACS. v. ISAACS et al.
• Court: Virginia Supreme Court

79 S.E. 1072

(115 Va. 562)

ISAACS.

v.ISAACS et al.

Supreme Court of Appeals of Virginia.

Nov. 20, 1913.

Divorce (§ 256*) —Decree fob Alimony —

Lien op Decree.

Where a wife was given a decree of divorce from bed and board, with an award of a specified monthly sum as permanent alimony, and decreeing a lien on the husband's lands therefor, as well as for the unpaid temporary alimony formerly granted and for counsel fees and costs, such lien cannot be affected by a decree of absolute divorce rendered in another state in favor of the husband, even though the foreign court had jurisdiction of the parties.

[Ed. Note.—For other cases, see Divorce, Cent. Dig. §§ T25, 726; Dec. Dig. § 256.*]

Appeal from Circuit Court, Russell County.

Suit by S. F. Isaacs, as guardian, against G. G. Isaacs, in which Minnie L. Isaacs, who was made a party defendant, filed a cross-bill against S. F. Isaacs and others. From a judgment for complainant, defendants appeal. Reversed.

Vicars & Peery, of Wise, and W. W. Bird and Routh & Routh, all of Lebanon, for appellants.

Finney & Wilson, for appellee.

KEITH, P. The bill in this case was filed by S. F. Isaacs as guardian of certain infant defendants, setting out that G. G. Isaacs, the former guardian of the infants, had confessed a judgment as such guardian in the circuit court of Russell county for the sum of $1,811.75, with interest from March 13, 1909, and praying that certain real estate of the defendant in the counties of "Russell and Wise might be sold and the proceeds applied to its satisfaction. This bill was filed at the first April rules, 1909, and on the 18th day of May of that year Minnie L. Isaacs filed her petition, in which she alleges that the judgment set forth in the bill is fraudulent and void, so far as her rights are concerned, and was confessed for the purpose of hindering and delaying her in the enforcement of a decree for alimony and suit money, rendered in her favor upon her bill filed in the circuit court of Wise county, in which G. G. Isaacs was defendant.

In the divorce suit J. H. Darter was appointed to receive any money decreed to Minnie L. Isaacs for her support and that of her infant children, and the prayer of her petition is that she and J. H. Darter may be made parties defendant to the bill filed by S. F. Isaacs for the enforcement of his judgment against G. G. Isaacs.

The pleadings are in a confused state by reason of the several bills, answers, and cross-bills which were filed, and without going into them in detail we shall content ourselves with stating that in the divorce suit in Wise county a decree was entered on the 11th of July, 1908, enjoining and restraining G. G. Isaacs from selling or in any way disposing of any of the property, either real or personal, set forth in the bill of complaint, "so the said property both real and personal, and said estate shall be forthcoming to meet any decree which may be made in this cause."

On the 11th of January, 1909, a further decree was entered in the divorce suit in Wise county, in which it was decreed that the defendant pay to J. H. Darter, receiver, the sum of $40, "temporary alimony for the month of January, $10 having been paid in cash to complainant, and that the said defendant pay to J. H. Darter, on the first day of each month until the further order of this court, the further sum of $50 per month for temporary alimony for complainant; and the said J. H. Darter is hereby ordered to pay unto said complainant the sum of $10 in cash each month out of the said money received by him for the defendant and to furnish to complainant such wearing apparel and supplies as complainant may desire for herself and children to the amount of $40 each month, the residue of the said alimony hereby directed to be paid; and the said J. H. Darter is directed to furnish an itemized account of the supplies and wearing apparel furnished complainant pursuant to this order, and to file the same in the papers of this cause on the first day of the next term of this court."

Next in order after these decrees comes the confession of judgment set out in the original bill filed by S. F. Isaacs, dated February term, 1909, for $1,811.75, with interest from the 12th of March, 1909, and costs.

On the 4th of February, 1910, a further decree was entered in the circuit court of Wise county, in which it is adjudged and ordered that "Minnie L. Isaacs be and she is hereby granted a divorce from bed and board from the defendant, G. G. Isaacs, and the complainant and defendant be and they are hereby perpetually separated. And it is further adjudged, ordered, and decreed that the restraining order heretofore rendered herein on the 11th day of July, 1908, be and the same is hereby perpetuated, and that the defendant, G. G. Isaacs is perpetually enjoined and restrained from in any way interfering with said complainant and her infant children mentioned in said bill of complaint, or of doing any violence to them, or either of them, and that said defendant is also perpetually enjoined and restrained from selling or in any way disposing of anyof the property, real or personal, named and set forth in said bill of complaint, during the lifetime of complainant, and that said property, both real and personal, be and the same Is hereby held as security for the payment of the alimony hereinafter decreed in favor of complainant, as well as the alimony heretofore decreed in favor of complainant, and the costs of this suit, and the unpaid attorney's fee adjudged to be paid by the defendant, G. G. Isaacs, to counsel of complainant for their services in the prosecution of this suit. And it is further adjudged, ordered, and decreed that the defendant, G. G. Isaacs, do pay to complainant the sum of $50 per month, due and payable on the first day of each and every month from the date hereof during the lifetime of complainant, as well as the alimony heretofore decreed to be paid to her, and that said defendant shall pay unto Vicars & Peery and H. A. Routh, attorneys for complainant, the sum of $150 counsel fees, the said defendant having heretofore paid to the said Vicars & Peery on account of counsel fees the sum of $50, the court being of opinion that the sum of $200 is a...