Beeler v. Beeler

FOX, P. J.

Plaintiff wife secured an interlocutory decree of divorce from the defendant by default after personal service on him in this state. The decree provided,

inter alia,

that “plaintiff ... is hereby awarded the community property held for convenience in the name of plaintiff and defendant as joint tenants, consisting of a house and acreage, and household furniture on said premises, at Greenleaf, Idaho,” the description of which followed. The interlocutory decree was entered July 27, 1959. A final decree was later issued in due course. It contained the usual provision “that wherein said interlocutory judgment relates to the property of the parties hereto, said property be and the same is hereby assigned in accordance with the terms thereof to the parties therein declared to be entitled thereto. ...” There was no appeal from either of these decrees.

Defendant having failed to execute a deed conveying the aforesaid property to the plaintiff, she executed an affidavit, dated August 5, 1960, in which she recited the above-mentioned provision of the interlocutory decree with respect to the property located in Idaho, and further stated that she had demanded of defendant that he execute a good and sufficient deed to the said property in conformance with the aforesaid decree and that defendant had refused to execute such deed. Based upon this affidavit, the court issued an order directing defendant to show cause why he should not be required to execute and deliver to plaintiff a good and sufficient deed conveying the property in question to her. Personal service was made upon defendant in this county. The defendant appeared by counsel at the hearing on the order to show cause. He did not file any affidavit in opposition to the one filed by plaintiff nor did he testify. After a hearing on September 15th, the matter was taken under submission.

[550]

Thereafter the court denied her any relief. Plaintiff has appealed.

It is clear from the interlocutory decree, and confirmed by the final decree, that the property in question was awarded to the plaintiff. Neither of these decrees, however, specifically ordered defendant to execute a deed conveying the property to the plaintiff. Of course, the courts of this state cannot make a decree that will operate to change or directly affect the title to real property beyond the territorial limits of their jurisdiction.