Harding v. Harding

Citations

• 16 S.D. 406
• 102 Am. St. Rep. 694
• 92 N.W. 1080
• 1902 S.D. LEXIS 130

Syllabus

<p>1. Under Comp. Laws, ? 2584, providing that, where a divorce is granted for an offense of the husband, the court may make such allowance to the wife for her support as it may deem just, and may from time to time modify its orders in this respect, and section 2585, providing that the court may enforce the payment of such allowance “by a receiver and may assign the homestead to the innocent party either absolutely or for a limited period,” where a divorced husband is in default in the payment of the monthly allowance made to the wife in the original decree, in which no mention was made of the homestead, the court may modify the decree so as to require the payment of a fixed sum, and make the same a lien on the homestead, and direct that it be sold.</p> <p>2. Under Comp. Laws, 5151-5154, providing that a judgment debtor, in the case of sale of his property on execution, shall have one year in which to redeem the same, tb.9 court, in requiring the sale of the homestead to pay alimony to the wife in an action.for divorce, cannot require that immediate possession be given to the purchaser.</p> <p>3. The court cannot make such sale absolute, and deprive the husband of the right to redeem.</p>