White

White v. White

Good Law
130 Cal. 597·1900 Cal. LEXIS 893·62 P. 1062
Supreme Court of CaliforniaDecember 6, 1900S.F. No. 1380.California819 words

Opinion

Lead Opinion

Van Dyke, J.

Appeal by the defendant Rohrbough from an order made on the application of the defendant, Frankie White, directing the issue of a writ of assistance. The cas'e, stripped of immaterial circumstances, is this:

In a suit brought by the plaintiff against the defendant, Mrs. White—in which she had filed a cross-complaint—an interlocutory judgment was entered in her favor for divorce; and afterward, February 9, 1895, a final judgment for one hundred thousand dollars.

A receiver had been previously appointed to take charge of plaintiff’s property, though in fact he had not taken any of it into possession. By the final judgment the receivership was continued with authority and direction to the receiver to prosecute suits and "take any and all legal measures and proceedings to enforce and secure the collection of the unpaid monthly allowance theretofore awarded, 'etc., and also the said sum of one hundred thousand dollars awarded (to the defendant) by said final decree.”

Afterward, April 12, 1895, an order was made directing the receiver to sell property of plaintiff, including the lands now in question, tinder this order the property was sold by the receiver to Mrs. White, to whom,…

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