"The statutes against fraudulent conveyances should be liberally construed so as to include within their protection all persons who have interests and demands of which they may be defrauded." And in the body of the, opinion, the court states (quoting from Buffalo v. Letson. 33 Okla. 261, 124 P. 968): "That a wife with a decree for alimony in her behalf is entitled to avail herself thereof was decided by the Supreme Court of the territory of Oklahoma in the case of Bennett v. Bennett, 15 Okla. 286, 81 P. 632, 70 L. R. A. 864.
(Hn 2) A wife in respect of her right to maintenance or alimony, is within the protection of statutes or the rule avoiding conveyances or transfers in fraud of creditors or other persons to whom the maker is under legal liability; and this is so irrespective of whether the conveyance or transfer was made before, and in anticipation of the wife's suit for maintenance or alimony, or pending the suit, or after a decree has been made in the wife's favor. Crowder v. Crowder (1919), 125 Va. 80, 99 S.E. 746; De Ruiter v. De Ruiter (1901), 28 Ind. App. 9, 62 N.E. 100, 91 Am. St. Rep. 107; Buffalo v. Letson (1912) 33 Okla. 261, 124 P. 968; Walker v. Walker (1905), 127 Iowa 77, 102 N.W. 435; Sneed v. Sneed (1927), 172 Ark. 1135, 291 S.W. 999, 1000; Wood v. Wood (1928), 166 Ga. 519, 143 S.E. 770. See also Annotation 79 A.L.R. 421, and cases cited.
Since the court exercised its authority to continue jurisdiction over the divorce case upon the divorce being denied, and the statement in the divorce decree to the effect that it was continuing jurisdiction over the parties, such was notice to the whole world of the status of the divorce case, and under such circumstances the doctrine of lis pendens attaches and the plaintiff in error herein does not become an innocent purchaser for value without notice. In Buffalo v. Letson, 33 Okla. 261, 124 P. 968, the court held that where a husband against whom there is pending a suit for divorce transferred real estate to a party who takes the same with full knowledge of the rights of the wife, such a transfer is void. It is well settled in this state, and a fundamental rule of real estate law, that the grantee of real property acquires no greater title of property than that of his grantor, and a purchaser of real estate which is involved in divorce litigation acquires no title to real estate if on the final disposition thereof the property is not awarded to his grantor.
The question of the validity of the conveyance between the judgment debtor and grantee, who brings the injunction action, may be determined in the proceeding. Buffalo v. Letson, 33 Okla. 261, 124 P. 968. The petition of the plaintiff in this action sets forth that she was the owner of the lease interest levied upon, purchased for value and in good faith; that the conveyance was free from fraud in every respect.
These authorities, we think, are conclusive of the right of plaintiff to maintain this action, and to give the court jurisdiction in every particular. The appellee calls attention to the cases of Buffalo v. Letson, 33 Okla. 261, 124 P. 968, and Bennett v. Bennett, 15 Okla. 286, 81 P. 632, which in some respects are applicable, in our judgment, but the case of Thurston v. Thurston, supra, announces the rule that should control in cases of this character, wherein it holds that the making of the party who holds the property in trust a party defendant, gives jurisdiction and clearly determines the issue involved in this case in favor of the plaintiff and against the defendants. The question raised by appellants as to the residence of the plaintiff and her right to maintain this action is largely a question of fact and under the evidence, as disclosed by the record, we think the judgment of the court was supported, in that the plaintiff, Emma Hamil, had never established a residence elsewhere, and that it was her intention at all times to maintain her home in Kingfisher county, Okla., which is a question largely of intent, and difficult to refute except where it can be shown that the party has in fact established a home else
In Oklahoma it has been held that a wife's claim for alimony is within the protection of the statute against fraudulent conveyances, where the husband, during the pendency of a suit for divorce, transfers his property. See Buffalo v. Letson, 33 Okla. 261, 124 P. 968. In the case just referred to, our court said: