Johnson v. Matthews

Alimony: void decree. A judgment for alimony against a non-resi1 dent defendant, owning no property in this State, where the service in the divorce suit was by publication, is void. Alimony: confirmation of void decree. A void judgment for ali2 mony cannot be vitalized, by an order confirming the same, in a proceeding to subject property to the satisfaction thereof. Allowance of alimony: lapse of time. Alimony will not be allowed 3 after the lapse of fifteen years from 'the date of the decree for divorce.

Appeal from Henry District Court.— Hon. W. S. With-row, Judge. On the 15th day of March, 1900, Daniel Johnson died testate seised of certain real estate. His will was duly admitted to probate, and under its terms the widow took a life estate and his sis children the remainder, share and share alike. One of these children — Andrew E. Johnson —Teft Iowa in 1884, and has not been a resident of the State since. After his departure his wife commenced an action for divorce, and, having served 'notice by publication only, obtained a decree of divorce .February 2, 1886, and personal judgment for alimony in the sum of $1,000 and $10.50 costs. On the 9th day of April, 1901, she filed her petition, alleging her ownership of said judgment for alimony and costs, the interest of Andrew E. Johnson in the land, and prayed that “the said sum of $1,000 may be confirmed in her as alimony,” and “ that said sum of principal and interest may be adjudged and decreed by this court to be a lien ” upon Johnson’s interest in the real estate, and that special execution issue accordingly. Notice was served by publication, the affidavit thereof being filed December 3, 1901, and a decree was entered on April 22, 1902, that the order of said defendant “ to the effect that plaintiff have and recover of said defendant the sum of $1,000 as alimony in said cause, together with the costs of said suit, be, and the same is hereby confirmed by this court, and the said sum. of $1,000, together with the interest thereon at the rate of six per cent, per annum from the date of said order, February 2, 1886, said interest to be computed by the clerk of. this court, and, together with the costs of -said cause No. 2,060, be, and the same is hereby, declared to be a lien upon the interest of said defendant in and to the following described real estate.” Special execution issued, and Johnson’s interest in the land was levied upon and advertised for sale on August 16, 1902. The plaintiff had acquired Johnson’s undivided one-sixth of the remainder October 2, 1901, and in this action prayed that the sale be enjoined, and Cassie Matthews be decreed to have no interest in or' lien on the land. Decree was entered as prayed, and she appeals.