Prescott v. Prescott
Supreme Judicial Court of Maine
On report. Writ of entry to recover a parcel of land, with the dwelling-house thereon, in the city of Bath. The demandant claims title under a levy of a writ of execution issued upon the judgment sought to be reversed in the case of Prescott v. Prescott, 59 Maine, 146. To prove her title, the demandant put into the case, the record of that judgment, recovered upon her libel against the said Joseph for a decree of divorce from the bonds of matrimony; from which it appears…
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On report. Writ of entry to recover a parcel of land, with the dwelling-house thereon, in the city of Bath. The demandant claims title under a levy of a writ of execution issued upon the judgment sought to be reversed in the case of Prescott v. Prescott, 59 Maine, 146. To prove her title, the demandant put into the case, the record of that judgment, recovered upon her libel against the said Joseph for a decree of divorce from the bonds of matrimony; from which it appears that a divorce was decreed at the December term of this court, A. D., 1867, when the libellee was ordered to pay the said…
1Opinion of the CourtAppleton, C. J.
It is well settled that execution may issue in favor of the wife against the husband for alimony decreed the wife. So, an action of debt will lie on such decree. Howard v. Howard, 15 Mass., 196. In French v. French, 4 Mass., 587, it was held, where alimony was decreed to be paid quarterly, that the court would not issue execution without first making a rule on the husband to show cause. But in that case, the alimony had been decreed in one county and the application for an execution was in another. In the case at bar, the libel was pending and the monthly *430instalments remained unpaid, for…
2Cases cited2 opinions
- Howard v. HowardMassachusetts Supreme Judicial Court · 1818
- Glidden v. ChaseSupreme Judicial Court of Maine · 1852