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Keywords

jurisdictiondivorcealimony
plaintiffdefendantjurisdictiontrialtestimonypleadivorcealimony

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Weesner v. Weesner, 168 Neb. 346, 95 N.W.2d 682

Facts

Kenneth O. Weesner and Ruth Weesner were married in 1936 and acquired property in North Platte, Nebraska, as joint tenants with right of survivorship in 1943. In 1954, they divorced in Wyoming, where the court awarded Ruth the property and ordered Kenneth to execute a quitclaim deed. Kenneth later filed a petition in Nebraska to invalidate the Wyoming decree, claiming it improperly affected the title to the Nebraska property.

Plaintiff, Kenneth O. Weesner, brought this action in the district court for Lincoln County against defendants, Ruth Weesner, plaintiff's former wife, and three-named minor children of the parties, seeking to have declared void a divorce decree rendered by the district court for Goshen County, Wyoming, on September 22, 1954, insofar as same purported to directly affect and determine the title to described real property located in North Platte, Lincoln County, Nebraska, which property was allegedly owned by plaintiff and Ruth Weesner as joint tenants with right of survivorship.

Issue

Did the Wyoming court have jurisdiction to affect the title to the Nebraska property in its divorce decree, and can the Nebraska court enforce the obligations imposed by that decree?

1. A court of one state cannot directly affect or determine the title to land in another state.

Rule

A court of one state cannot directly affect or determine the title to land in another state; however, a court with all necessary parties present in a divorce action can issue a decree ordering the execution of a deed to property in another state in lieu of alimony.

2. However, a court of competent jurisdiction in one state, with all necessary parties properly before it in an action for divorce, generally has the power and authority to render a decree ordering the execution and delivery of a deed to property in another state in lieu of alimony for the wife.

Analysis

The Nebraska court found that the Wyoming court had jurisdiction over the divorce and the parties involved. It ruled that the Wyoming decree's order for Kenneth to execute a quitclaim deed was a personam order, which the Nebraska court could enforce. The court emphasized that the Wyoming court's decision was res judicata and binding, thus preventing Kenneth from denying the validity of the decree.

The factual situation becomes important here in determining what other remedy should or should not have been awarded in this case. The facts were established without dispute by admissions in the pleadings, stipulations, exhibits offered and received, and the testimony of only one witness called by defendant.

Conclusion

The Nebraska court affirmed the dismissal of Kenneth's petition but reversed the dismissal of Ruth's cross-petition, remanding the case to enforce the Wyoming court's order for Kenneth to execute the quitclaim deed.

We conclude that the judgment of the trial court denying plaintiff any relief except as aforesaid, should be and hereby is affirmed.

Who won?

Ruth Weesner prevailed in part because the court recognized the validity of the Wyoming decree and the obligations it imposed on Kenneth.

However, we do not sustain defendants' second assignment. We so conclude because a division of the property and a redetermination of alimony as sought alternatively by defendant in her cross-petition was not germane to plaintiff's original action to quiet title.

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