Aldrich v. Aldrich

Calhoun, President,

dissenting:

I agree that the portion of the Florida decree which states that the alimony awarded shall “become a charge upon his estate during her lifetime” cannot have the effect of creating a “charge” in the sense of a lien, equitable or otherwise, upon the husband’s real estate in this state. The decree was operative on the husband personally, but could not have the extra-territorial effect of creating a “charge” upon his real estate situated in West Virginia. Wilson v. Braden, 48 W. Va. 196, pt. 1 syl., 36 S. E. 367; Woodcock v. Barrick and Yost, 79 W. Va. 449, pt. 3…