Petaluma Savings Bank v. Superior Court

Citations

• 111 Cal. 488
• 44 P. 177
• 1896 Cal. LEXIS 611

Syllabus

<p>Divorce — Decree for Alimony—Receiver of Husband’s Separate Property—Judgment Lien—Execution Sale—Leave of Court not Required.—The appointment of a receiver of the separate real estate of the husband in an action for a divorce, in order to enforce a decree for -alimony awarded to the wife, does not prevent the enforcement of a judgment lien upon such real estate by a judgment creditor of the husband, whether such lien be prior or subsequent to the lien of the decree for alimony, and it is not necessary that there should be an application by such judgment creditor to the court appointing the receiver before proceeding to sell such real estate under execution.</p> <p>Id.—Object of Appointment of Receiver—Security for Alimony.—The whole object of the appointment of a receiver in an action for a divorce and alimony is to provide security for the payment of such an allowance as is made for the maintenance of the divorced wife, and this object would be accomplished by investing the receiver with the title and control of some productive property of the husband, out of the income of which the allowance may he paid, or by authorizing the sale of property to create a fund, the income of which would be applied to that purpose.</p> <p>Id.—Title of Receiver— Subject to Liens—Rights of Prior Lien-holders.—The receiver takes the husband’s property in any case, subject to all prior liens and encumbrances, and the right to enforce such liens cannot he made to depend upon the mere volition of the court or judge making the appointment; but the holders of such liens who are not parties to the divorce suit, or subject to the jurisdiction of the court in which it is pending, have the right to take such proceedings as the law exacts for preserving or enforcing their liens according to their priority.</p> <p>Id.—Rights of Subordinate Lienholder—Leave to Sell—Abuse of Discretion—Leave Unnecessary.—The holder of a second lien upon the real estate held by the receiver, though subsequent an