Andrade v. Andrade

WASTE, C. J.

This is an appeal from an order discharging a receiver and directing plaintiff to pay his fees.

[109]

Plaintiff brought this action against her husband for permanent support and maintenance and to secure a division of their community property. The other named defendants were alleged to improperly claim some interest or estate in the property. Among other things, the complaint averred that certain real property known as the “Sunland Ranch”, standing in the name of the defendant and alleged eo'-respondent Lavender, was in fact the property of the defendant husband and had been vested in the former solely for the purpose of defrauding the plaintiff. Defendant Lavender denied these allegations in her answer. At plaintiff’s request, a receiver was appointed to take charge of the properties, including that standing in the name of the defendant Lavender, during the pendency of the cause. At the conclusion of the trial a decree was entered granting to the plaintiff support and maintenance and providing for a division of the properties of the spouses. The decree further declared, in accordance with the findings, that the “Sunland Ranch”, standing in the name of the defendant Lavender, was in fact her sole and separate property and that plaintiff was without right, title or interest therein. From this latter portion of the judgment the plaintiff noticed an appeal to this court, which was dismissed on June 3, 1930, for lack of prosecution. After the

remittitur

had gone down the defendant Lavender moved for a discharge of the receiver and the return of her property. In due time the court below made its order approving the final report and account of the receiver, directing that plaintiff pay his expenses and fees aggregating $2,200, and directing that the receiver return possession of the “Sunland Ranch” to its owner, the defendant Lavender. The order further provided that the expenses and fees of the receiver “should not be chargeable to the defendant Judith Lane Lavender, and should not be made a charge or lien against any property belonging to her”.

From this order the plaintiff wife and the receiver have both appealed, the appeals being consolidated by stipulation. The plaintiff complains of the order in so far as it discharges the receiver and places the burden on her of paying his expenses and fees, while the receiver complains that the plaintiff is in indigent circumstances and that his expenses