Sturdevant

Sturdevant v. Sturdevant

Good Law
1934 Cal. App. LEXIS 1211·3 Cal. App. 2d 443·39 P.2d 433
Court of Appeal of CaliforniaDecember 31, 1934Civ. 8893California1,970 words

Opinion

Opinion

Willis, J.

By a statement of facts in ordinary and concise language, appellant in her complaint herein stated a cause of action for recovery from respondent of the sum of $2,986.86 on a subsisting and unsatisfied judgment entered in favor of appellant and against respondent by a Nebraska state court on July 1, 1925, for separate maintenance payable in monthly installments indefinitely. In his answer respondent admitted the making and entry of the judgment but denied that it was valid, subsisting and enforceable against him in Nebraska, as alleged in the complaint ; admits that he ceased payments, as required by the judgment, on September 1, 1928,. but denies there is anything unpaid thereon. As a separate and distinct defense, respondent alleges in his answer that he had deeded certain real property in Nebraska to the mother of appellant under an agreement that such deed was m'ade for the use and benefit of appellant, the mother to be and act as trustee .for appellant as beneficiary; that said property was of the value of $12,000, subject to an encumbrance in the sum of $4,400; and that in addition to such deed and in settlement of said judgment, respondent delivered to appellant all the…

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