The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-11-28

the marital rights at and the time We of the
opinion that the fully authorized to make
allowance to the libelee in gross
The next question presented by record did the Circuit
have power order division of the real estate and vest
oneha thereof in the ibeant? The statute makes no
mention of property but authorizes the court to make such
suitable allowance for the wife, In Illinois where The
the nake such order touching the
almony of the wife it held that the
practice vestng the fee of real the wife by decree
for aimony although sanctioned by this court under
special circumstances is Objectionable Ross a. RoSs IS ILL.,
4O2; in Robinson Robinson 101 Ill., 422 the court
said Under such circumstances, while proper that Rob
bins should be decreed pay his wife for her support and
the support his children reasonable of money ali
nony upon granting of divorce yet of opinion that
it wife the title the quarersecon Of
land named in the decree"
Under the Iowa which provides that the court may
relation the children and property of the
parties of the wife shall be right and
proper the said Russell Russell Greene 20, off
should be enforced upon prayer for aimony
distribute in fee simple the of the husband between
him and his wife, it might tend promote litigation of this
kind the proceeding under the code for divorce not
only an easy shaking bonds of marmony, but
an ingenious fashionable way acquiring title real
and changing the inheritance thereof We think in every view
of the case going far for the to dves the hu
simple title any portion of his land and
fer to the wife for the purpose of giving her amony How
ever later decisions recognized the right
of dvest the husband Of the title real in
divorce Cole Cole, % Iowa. 1873; zune zuoc 80
Iowa. 100; Icng a. ONeatu Iowa, 326 The holding
these sustaining the right the fee real
the wife divorce proceedings is based the of the
word property in the statute
By the "unwtten law of the United States" court cannot
award the wife specific property amony. Stewart Mar
rage and Divorce Sec 374 Bishop Marriage Divorce and
Separation, Sections 1888 to 1921 This power given to the
many of states by statutes We do think
the language Of broad enough show clear
ention the part Of the legislature confer this power
the Circuit Court do feel authorized extend the
of the by Interpretation confer power that abe
legislature may have intended give Section 1947 fully
authorizes the enforce any money judgment for ali
mony it may render.
We have hereto found that under the evidence of the
the the theory of
the parties and conclude that the court had power
under the order a division of the real
The trial was the decision finding that
property the bellan should be divided
and oneaf conveyed the libeee Under Section 1916,
Civil Laws the entry of the decree of divorce the real
owned by the wife became her oe and absolute property
The making the pay
of $500 per week temporary aImony. This order
only be sustained the theory that the beant in "de
tute circumstances (Section 1885, Civil Laws) The
the belan real the value
$500 $4,000 such person be said to be in "dcst
and unable support herself pending the
litigation in this
The contention is made by member of the that
decision the question of the power of the Circuit Court
make allowance in is called for by the record in
this Is this correct?
1t certainly be denied that kind an allowance
that the Circuit Court may make the wife under Section
1913, Civil Laws, fairly presented by the record The Cir
nalIOyv in
lieu OF aimony-not in money but in properyreal estate
The right of the make this allowance challenged
the lbeee in his exceptions To simply decide that the
cannot decree division conveyance of real property
merely settle of the questions raised and leaves the other
undetermined 1t that the questions epaabe still