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3 Ky. Op. 160

Burton v. Stormes

Court of Appeals of Kentucky

Decided December 18, 1868

Court of Appeals of Kentucky · decided 1868-12-18

<p>Divorce — Alimony—No Retroactive Lien on Husband's Property.</p> <p>Unlike initial dower, alimony is never iniated or becomes potential until a divorce, or the commencement of a suit for it, and the husband’s property, divested by mortgage or otherwise, cannot be attacked by a retroactive lien on it for alimony.</p>

Decided 1868-12-18

¶1Opinion of the Court by

Judge Robertson:

¶2As the mortgage debts exhaust the assets and the testimony of the divorced husband as to outside liabilities to his father and brother, however false it may be, cannot, therefore, harm the appellant, we need not say whether the circuit court ought to have disregarded his statements.

¶3On the record as now presented, the appellant can get nothing unless her supplemental petition for alimony can avail her. But, unlike initial dower, alimony is never initiated or becomes potential until a divorce, or the commencement of a suit for it. And, *161the property having been all divested by mortgage and deed of trust, there was no retroactive lien on it for contingent alimony.

Bradleys, for appellant.Dunlap, for appellees.

¶4Wherefore, the judgment must be affirmed.

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