Sun Insurance v. White

Citations

• 123 Cal. 196
• 55 P. 902
• 1898 Cal. LEXIS 1013

Syllabus

<p>Divorce—Alimony—Lis Pendens—Description in Complaint—Order of Court—Priority of Mortgage.—The mere description of property in a cross-complaint by the wife in an action for a divorce without any prayer that alimony be charged as a lien thereon, and the mere filing of a notice of its pendens, without any order of the court charging alimony as a lien upon the property, does not give the alimony allowed in the cause any priority over a mortgage given by the husband pendente lite, notwithstanding actual ' notice to the mortgagee of the pendency of the action for divorce and the claim of alimony therein.</p> <p>In.—Power of Husband Pending Divorce Suit.—The pendency of proceedings for divorce does not of itself interrupt the exercise of the husband’s power of disposition of the community property, or of his separate property, though he is held to good faith in the disposition of it, ami cannot make a voluntary conveyance with intent to deprive the wife of her claim.</p> <p>Id.—Bona Fide Mortgage by Husband.—The husband may make a bona fide mortgage of his property pending a suit for divorce, if the money was loaned by the mortgagee and received by the husband without any purpose to hinder, delay, or prevent her from enforcing any claim she might have, or any order the court might make against him, and if no order had then been made charging alimony as a lien upon the property mortgaged.</p> <p>Id.—Power of Court to Require Security—Construction of Code.— The provisions of section 140 of the Civil Code, that the court may require the husband to give reasonable security for providing maintenance or making any payments required by the provisions of the chapter in which that section is found, and may enforce the same by the appointment of a receiver or by any other remedy applicable to the case, is the only statutory power given upon that subject, and is exclusive of all other modes of acquiring security in favor of a wife seeking maintenance against the property of the h