Parker v. Parker

CONREY, P. J.

By interlocutory decree of date November 25, 1912, it was determined that the plaintiff was entitled to a divorce from the defendant. This was followed by a final decree dated August 5, 1915, whereby the parties were divorced. In the interlocutory decree, which as to these terms was followed by the final decree, it was stated that the parties stipulated in open court that if a decree

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for divorce should he awarded to either party, the court, instead of dividing the property of the parties between them, might provide for the separate maintenance of the defendant by awarding to her certain property for life, and that plaintiff pay defendant such monthly allowance and secure the same by a lien upon such property of the plaintiff as in the discretion of the court should seem proper. Pursuant to that stipulation, the court awarded to the plaintiff certain parcels of real property and other property, and awarded to the defendant for the period of her natural life certain described real property, with remainder over to the plaintiff. It was further ordered thereby that the plaintiff pay to the defendant the sum of fifty dollars per month during the remainder of her natural life, “and to secure the payment of said sum of fifty (50) dollars per month, a lien in favor of said defendant is hereby created and declared to exist upon the remainder over and interest of said plaintiff in said lot 30, Alcantara Grove Tract, above described, and also upon that real property situated in the county of Orange, state of California, more particularly described as lots 5, 6, 7 and 8 of the P. A. Stanton Tract, as per map recorded in book 5 at pp. 23 and 24, miscellaneous records of Orange County, California.” In October, 1920, the plaintiff made application to the court for an order modifying the provisions of the decree of divorce relating to property rights of the parties, and asked that the cash payments of fifty dollars per month be discontinued and not further required, and that the lien in favor of the defendant on said lots in the Stanton Tract be released. The matter having been regularly heard upon the application and the affidavits filed on behalf of the respective parties, the court on November 22, 1920, entered an order denying the application of plaintiff for discontinuance of the monthly payments of fifty dollars. But the court further ordered that said lien to secure the said monthly payments to the defendant on said lots in the Stanton Tract be released. The defendant has appealed from all that portion of the order which orders the release of the lien on said lots.