Peeke v. Fitzpatrick

Citations

• 74 Ohio St. (N.S.) 396

Syllabus

<p>Action for divorce and alimony — Decree requiring husband to pay wife a gross sum — Making said sum, a lien upon husband’s real estate — Decree not dormant because no execution within five years — Statute of limitations.</p> <p>1. In an action for ■ divorce and alimony, or for alimony alone, a decree of the court requiring the husband to pay the wife a gross sum as alimony, and making said sum a lien upon his real estate situate in the county where the action is pending, does not become dormant because no execution was issued thereon for more than five years from the date of the decree. Lemert v. Lemert et al., 72 Ohio St., 364, approved and followed.</p> <p>2. Such decree having been made on the twenty-third day oí February, 1893, an action commenced by the divorced wife on the twelfth day of March, 1904, against the husband and others claiming an interest in the lands encumbered by said decree, to marshal the liens thereon, and for an order of sale of the premises to satisfy the decree, is not barred by the statute of limitations set up by one who acquired the title and interest of the husband therein, on the nineteenth day of November, 1903.</p>