§ 1389. Judgment of absolute divorce in wife's favor.

Form No. 443.

[Recitals of trial and findings according to the fact, and continuing:]

It is adjudged:

I. That the bonds of matrimony heretofore existing between the plaintiff, A. B., and the defendant, C. D. B., be and the same are hereby wholly dissolved, and the parties freed from the obligations thereof.

II. That the plaintiff's name be changed to [maiden name], by which name she was known and called prior to entering into the marriage hereby dissolved.

...

III. That the said defendant, C. D. B., pay to the plaintiff, A. D., the sum of . . . dollars a year, as a suitable allowance for her support; and that the same be paid in manner following: [specify times and places of payment], during the natural life of the plaintiff, and that said payments be charged as a lien upon the following-described real estate of the defendant, to-wit: [describe it; or, if the payment of the alimony is to be secured by bond, here specify the bond to be given and by whom approved].

IV. That the custody of the infant children of the parties, [name them], be and is hereby awarded to the plaintiff [with leave to defendant to see and visit them, as follows: [Specify particularly when and under what conditions defendant may visit them.]

V. That the defendant pay to the plaintiff as a suitable allowance for the support, maintenance, and education of said children, the following sums: [Specify amounts to be paid and when.] VI. That the plaintiff have and recover her costs herein, taxed at . . . dollars, in addition to sums heretofore ordered to be paid. Done this. . . day of . 19. .

Judge of said court.

§ 1390. Interlocutory decree of divorce.

[TITLE.]

Form No. 444.

This cause having been brought on to be heard this... day of . . ., 19 . ., upon the complaint of the plaintiff above named, and the answer and cross-complaint of the defendant above named,

P. P. F. Vol. I-57

and upon the proofs taken in said action, and upon the report of L. M., the court commissioner of this court and referee in this cause, to whom it was referred to take proofs of the facts set forth in the complaint and answer and cross-complaint respectively, and to report the same to the court, and the said referee having taken the testimony by written questions and answers, and reported the same to the court, from which it appears that none of the material allegations of the complaint, except those expressly admitted in the answer, are sustained by testimony, and that all the material averments of the answer and cross-complaint are sustained by testimony free from all legal exceptions as to its competency, admissibility, and sufficiency; that said matters so alleged and proved in behalf of defendant are sufficient in law to entitle the defendant to the relief prayed for in his answer and cross-complaint; that plaintiff was a resident of this city and county at the time of commencing this suit, and that both plaintiff and defendant were residents of this state for a period of one year immediately prior thereto-on motion of G. H., counsel for the defendant, it is ordered, adjudged, and decreed that the court, by virtue of the power and authority therein vested, and in pursuance of the statute in such case made and provided, does order, adjudge, and decree that the marriage between the said plaintiff, A. B., and the said defendant, C. D., be dissolved, and the same is hereby dissolved accordingly, and the said parties are and each of them is freed and absolutely released from the bonds of matrimony, and all the obligations thereof; and it is further ordered, adjudged, and decreed that the defendant, C. D., have, and he is hereby awarded, the sole charge, control, and custody of R. S. and T. U., the children, issue of said marriage, and mentioned in said answer and cross-complaint, and that the said plaintiff surrender the said children to the said defendant. [DATE.]

[SIGNATURE.]

I. This cause having this day been brought on to be heard upon the complaint filed therein, taken as confessed by the defendant C. D. (whose default for not answering thereto has been duly entered), and upon the answers filed thereto by the

defendants A. D. and E. P., and upon due proof of the filing of notice of the pendency of this action, containing the names of the parties to and the object of the action, and a description of the property affected thereby, upon the . . . day of..., 19. ., [the time of filing said complaint], in the office of the county recorder of the . . . county of . . ., where said property is situated, and recording the same in said recorder's office, and upon the report of R. S., court commissioner of this court, which report is filed herein and is hereby confirmed, and the court having heard the proofs necessary to enable it to render judgment herein; and it appearing to the court from said report that there is now due to the plaintiff, from the said defendant C. D., for principal and interest upon the debt and mortgage mentioned and set forth in the complaint, the sum of . . . dollars, which sum is to draw. and bear interest from the date hereof at the rate of . . . per cent per month [or, annum], and that all the allegations in the said plaintiff's complaint contained are true-now, on motion of E. F., of counsel for the plaintiff:

II. It is adjudged and decreed, that all and singular the mortgaged premises mentioned in the said complaint and hereinafter described, or so much thereof as may be sufficient to raise the amount due to the plaintiff for the principal and interest, and costs in the suit and expense of sale, and which may be sold separately without material injury to the parties interested, be sold at public auction, by or under the direction of the sheriff of the city and county of . . ., where said mortgaged premises are situate; that said sale be made in said city and county; that the said sheriff give public notice of the time and place of such sale, according to the course and practice of the court and the law relative to sales of real estate under execution; and that the plaintiff or any of the parties to this suit may become the purchaser at such sale; and that the said sheriff, after the time. allowed by law for redemption has expired, execute a deed to the purchaser or purchasers of the mortgaged premises on the said sale.

III. That the said sheriff, out of the proceeds of said sale, retain his fees, disbursements, and commissions on said sale, and pay to the plaintiff or his attorney, out of said proceeds, his costs in this suit, taxed at . . . dollars, and the sum of . . . dollars, fixed by said mortgage and allowed by the court as counsel fee of foreclosure, with interest thereon from this date, at the rate

of .. per cent per month [or, annum], and also the amount so found due as aforesaid to either, with interest thereon at the rate of per cent per month [or, annum], from the date of this decree, or so much thereof as the said proceeds of sale will pay of the same.

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IV. That the defendant, and all persons claiming or to claim from or under him, and all persons having liens subsequent to said mortgage, by judgment or decree, upon the land described in said mortgage, and . . . or their personal representatives, and all persons having any lien or claim by or under such subsequent judgment or decree, and their heirs or personal representatives, and all persons claiming under them, and all persons claiming to have acquired any estate or interest in said premises subsequent to the filing of said notice of the pendency of this action with the recorder as aforesaid, be forever barred and foreclosed of and from all equity of redemption and claim in, of, and to said mortgaged premises, and every part and parcel thereof, from and after the delivery of the said sheriff's deed.

V. And it is further adjudged and decreed that the purchaser or purchasers of said mortgaged premises at such sale be let into possession thereof, and that any of the parties to this action who may be in possession of said premises, or any part thereof, and any person who since the commencement of this action has come into possession under them or either of them, deliver possession thereof to such purchaser or purchasers, on production of the sheriff's deed for such premises, or any part thereof.

VI. And it is further adjudged and decreed that if the moneys. arising from the said sale shall not be sufficient to pay the amount so found due to the plaintiff as above stated, with the interest and costs and expenses of sale, as aforesaid, the sheriff specify the amount of such deficiency and balance due the plaintiff in his return of said sale, and that, on the coming in of said return, a judgment of this court shall be docketed for such balance against the defendant C. D., and that the defendant C. D., who is personally liable for the payment of the debt secured by the said mortgage, pay to the said plaintiff the amount of such deficiency and judgment, with interest thereon at the rate of . . . per cent per month [or, annum], from the date of said last-mentioned return and judgment; and that the plaintiff have execution therefor.

The description and particular boundaries of the property authorized to be sold under and by virtue of this decree, so far

as the same can be ascertained from the mortgage referred to, or from the complaint filed in this action, are as follows, to-wit [describe it]. R. Q., Superior Judge.

§ 1392. Judgment enjoining maintenance of dam.

[TITLE.]

Form No. 446.

[Commence as in form No. 445.]

Wherefore it is ordered, adjudged, and decreed that the defendants, and each of them, their servants, agents, and employees be perpetually enjoined and restrained from maintaining, erecting, having, or keeping in the channel of . . . creek, at any point above the lands of plaintiff, and particularly at. . ., any dam or artificial obstruction. And it is further ordered, adjudged, and decreed that the permanent injunction of this court issue herein, directed to said defendants, their servants, agents, employees and attorneys, requiring them, and each of them, to perpetually refrain from having or keeping any dam or artificial obstruction in the channel of said stream, or from interfering with the free flow of the waters of said creek at any point above the plaintiff's lands aforesaid, and that plaintiff have judgment for his costs herein, taxed at the sum of . . . dollars.

[DATE.]

§ 1393. Decree in actions to quiet title.

[TITLE.]

Form No. 447.

[SIGNATURE.]

This cause having been regularly called and tried by the court, and the findings of fact and conclusions of law, and the decision. thereon, in writing, having been duly rendered by the court, which are now on file in this cause, wherein judgment was awarded in favor of A. B., plaintiff, against all of the defendants, and for costs against such of the defendants only as have answered contesting the plaintiff's rights in the premises, on motion of E. F., plaintiff's attorney:

It is now, therefore, hereby ordered, adjudged, and decreed that the plaintiff have judgment, as prayed for in his complaint herein, against the defendants, and each and all of them; that all adverse claims of the defendants, and each of them, and all persons claiming or to claim said premises, or any part thereof, through or under