Meacham v. Meacham

LILLIE, J.

By an interlocutory decree of divorce entered in January of 1958, defendant was ordered to pay stated sums for child support, alimony and fees for services rendered by

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plaintiff’s attorney. On December 11, 1958, a writ of execution was issued in favor of plaintiff’s counsel, defendant being in arrears in the payment of attorney’s fees. Pursuant thereto, the appropriate officer levied upon certain of defendant’s property consisting of his interest in an agreement dated November 25, 1955, between the parties to this proceeding and Mr. and Mrs. Dockum; on December 30, 1958, and after posting notice as required by law, defendant’s interest was sold to plaintiff’s attorney in full satisfaction of the judgment for attorney’s fees. Thereafter plaintiff’s attorney transferred his interest in the agreement to plaintiff and her children who, on August 7, 1965, transferred their respective interests to the Dockums.

In January of 1966, defendant’s arrearage for child support and alimony then being in excess of $16,000, a second writ of execution was issued at plaintiff’s request. (Apparently defendant was about to receive an inheritance from his deceased mother’s estate.) Defendant thereupon filed a motion to quash the execution of January 1966, to set aside the execution sale of December 30, 1958, and for an order directing the clerk to enter full satisfaction of judgment. Although the court awarded defendant credit for certain sums paid by him, it denied the relief otherwise sought by his motion. Defendant appeals from the order.

The Meacham-Dockum agreement was one whereunder the Dockums were to manufacture and market a device (known as “Wizard Wedge”) conceived by defendant, paying certain percentages of the profits (in the nature of royalties) to the Meaehams.

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According to appellant, the above contract was wholly executory in character and therefore conjectural in value because of its dependence upon dubious and uncertain events; thus his interest in the contract was not the kind of property subject to levy and sale under execution as provided generally by section 688, Code of Civil Procedure. This section states in part that “All goods, chattels, moneys or other property, both real and personal, or any interest therein, of the judgment debtor, not exempt by law . . . are liable to execution. ” It is further argued by appellant that if, for the reason just stated, the execution sale of December 30, 1958, was without sanction of law, all proceeds received from