Johnson v. Johnson

In this action plaintiff, without asking for a divorce, sought a decree awarding her permanent support and maintenance, as provided in section 137 of the Civil Code. Upon the theory that they had, by means of a fraudulent conspiracy with her husband, acquired certain real estate alleged to be community property of the couple and thus deprived her of her interest therein, she joined as defendants with him his father and mother, Frank and Beda Johnson, and his brother, Bayard Johnson. Plaintiff obtained a judgment, from which all of the defendants appeal upon a record presented in accordance with sections 953, 953a, and 953b of the Code of Civil Procedure.

By the decree it was adjudged that plaintiff Sarah Johnson do have and recover of and from defendants Beda Johnson, Frank Johnson, and Bayard Johnson, the sum of $1,787.50, together with attorney’s fees of $150, which sum of $1,787.50 the court adjudged to be one-half of the proceeds of the community property so conveyed by Neis Johnson. It was further adjudged that Neis Johnson pay to plaintiff the sum of $20 per month as an allowance for the support and maintenance of Frances Johnson, the minor child of plaintiff and her…