Campbell v. Trosper
Court of Appeals of Kentucky
Case 84 — Action to Set Aside a Deed for Fraud to Avoid Payment of Alimony APPEAL FROM KNOX CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. A judgment for divorce and alimony does not of itself operate' as a lien on the land of the defendant, such a judgment has no more force than any ordinary judgment 'in personam. 2. The only way the plaintiff in such judgment could acquire a lien on the land of her husband was by an execution or attachment. 3. The court…
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Case 84 — Action to Set Aside a Deed for Fraud to Avoid Payment of Alimony APPEAL FROM KNOX CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. 1. A judgment for divorce and alimony does not of itself operate' as a lien on the land of the defendant, such a judgment has no more force than any ordinary judgment 'in personam. 2. The only way the plaintiff in such judgment could acquire a lien on the land of her husband was by an execution or attachment. 3. The court has no power in suits for alimony, to divest the husband of the title to his land and convey it to his wife. He-can allow…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Appirming.
Appellee, Nannie Y. Trosper, and J. H. Campbell were married in the year 1878. Four children were born to them, — all girls. In October, 1895, appellee filed suit for divorce from her husband; he having taken up with a woman by the name of Burrilla Trosper, whom he had brought to his house, and by whom he had a bastard child, born shortly before the bringing of the suit. He had driven his wife and children away from home, and was living with Burrilla. He had a tract of land worth about $1,000; four horses worth, perhaps, $300; some stock, farming…
2Cases cited5 opinions
- Tyler v. TylerCourt of Appeals of Kentucky · 1896
- Farmers' Bank v. StappCourt of Appeals of Kentucky · 1895
- McCampbell v. McCampbellCourt of Appeals of Kentucky · 1898
- Board of Trustees v. Maysville, R.Court of Appeals of Kentucky · 1895
- Sebree Deposit Bank v. ClarkCourt of Appeals of Kentucky · 1899
3Cited by22 opinions
- Wilson v. Nichols & Shepherd Co.Court of Appeals of Kentucky · 1906
- Byassee v. EvansCourt of Appeals of Kentucky · 1911
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- Allen v. HensonCourt of Appeals of Kentucky · 1919
- Merriman v. HawbakerDistrict Court, E.D. Illinois · 1934
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