Barron

This is an appeal by plaintiff Theodore Barron from a judgment holding that an alimony and child support lien of intervener Alix Tattenham was prior and superior to plaintiff’s attachment lien.

The facts are undisputed. On November 23, 1959, intervener Alix Tattenham was awarded an interlocutory decree of divorce from Robert Tattenham, said decree providing that Robert Tattenham pay Alix Tattenham $1.00 per month alimony and $55 per month for the support and maintenance of each of the parties’ two children. Robert Tattenham failed to make the payments as ordered and Alix Tattenham applied to the court for an order appointing a receiver. The court found that Robert Tattenham had abandoned his regular employment to move permanently to Europe, and that he was in arrears in the payment of child support. The court also found that he was the owner of an interest in certain real property known as 1135 Monterey Boulevard, San Francisco, which was about to be sold. Therefore, on March 18, 1960, the court appointed a receiver to take possession of the proceeds of the pending sale and to pay child support and alimony from these proceeds as the payments became due.

On April 1, 1960,…