Barrow v. Barrow

THOMAS, J.

This is an appeal from an order made by the lower court after a judgment, made and entered herein April 1, 1916, had been so made and entered, excluding the wife—appellant here—against whom the court entered such judgment, from the dwelling-house of the husband, respondent here, which was decreed by the court in that action to be the separate property of this respondent.

The order appealed from is as follows:

“Whereas, on the 1st day of April, 1916, the above-entitled court made and filed its findings of fact and conclusions of law herein and gave and caused to be entered its judgment in the above-entitled action in favor of the defendant above named; and

“Whereas, said court then found, determined and decreed to be the sole and separate property of James T. Barrow, the real property hereinafter described; now therefore, motion having been duly made this day, after notice thereof was given as required by law; and

“Good cause appearing therefor, it is ordered that Alice J. Barrow, plaintiff above named, forthwith vacate and

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abandon her occupation, use and possession of the real property hereinafter described, and that she forthwith deliver the possession thereof to said defendant; and the said plaintiff, Alice J. Barrow, her attorneys, agents, representatives and all others acting in aid or assistance of her are hereby enjoined, restrained and prohibited from further occupation, use or possession of said real property and the improvements thereon, and all or any part thereof.

“The real property hereinbefore referred to consists of lots 278 & 279 of the Central Avenue Home Tract #2, in the city of Los Angeles, state of California, as per map recorded in Book 4, page 75, of maps in the office of the county recorder of the county of Los Angeles, and the improvements thereon are known and numbered 1230 B. 57th St. and 1234-1236 E. 57th St., in said city of Los Angeles, state aforesaid.

“Further ordered that said plaintiff leave all furniture, bedding and personal property of defendant in said house, and refrain from injuring or destroying any part thereof.