Masterson v. Ogden

Citations

• 78 Wash. 644
• 139 P. 654
• 1914 Wash. LEXIS 1075

Syllabus

<p>Divorce — -Appeal—Effect. Under Rem. & Bal. Code, § 996, providing that, on appeals from a judgment in a divorce case, the supreme court shall be possessed of the whole case as fully as the trial court was, and may reverse, modify, or affirm the judgment, an appeal does not vacate the judgment, but merely suspends it.</p> <p>Divorce — Death oe Party — Abatement and Survival oe Action. Upon the death of appellant in a divorce case pending appeal, the supreme court cannot review the judgment granting the divorce, since the action proper does not survive; although the action survives as to the amount of the judgment for alimony and as to the rights of third persons in the property.</p> <p>Fraudulent Conveyances — Fraud oe Wiee Pending Divorce. A wife awarded a judgment for alimony is a creditor, so that a conveyance in fraud of her rights may be set aside as fraudulent and the property subjected to the lien of the judgment for alimony.</p> <p>Same — Conveyance in .Fraud oe Wiee — Evidence—Sufficiency. A finding of a conveyance in fraud of the wife is warranted, where the husband, before suit for divorce, transferred all his property to his sons, in consideration of monthly payments for life support, which were less in amount than the income from the property.</p> <p>Divorce — Alimony—Allowance From Separate Property. Four thousand five hundred dollars may be a reasonable allowance as alimony from separate property of the husband valued at $28,000.</p>