(Not to be reported in full.)
Abstract of the Decision.
1. Husband and wife, § 228 * —when offer to take wife back ineffectual. In separate maintenance proceedings, the defendant’s offer to receive the complainant back as his wife was held coupled with so many conditions and limitations that no self-respecting woman could comply therewith and that she was not compelled to accept it.
2. Husband and wife, § 249*—when allowance for solicitors’ fees not excessive. Allowance of one hundred dollars as solicitors’ fees in a separate maintenance proceeding, held not excessive.
3. Husband and wife, § 265*—when decree for lien on real estate in separate maintenance proceedings proper. A decree in separate maintenance proceedings held proper in making allowances of alimony and solicitors’ fees a lien on defendant’s real estate and household furniture.
Appeal from the Circuit Court of Macon county; the Hon. William K. Whitfield, Judge, presiding. Heard in this court at the October term, 1915.
Affirmed in part, reversed in part and remanded with directions.
Opinion filed April 21, 1916.
Statement of the Case.
Bill for separate maintenance by Nellie Cash, complainant, against Arthur W. Cash, defendant. From a decree for complainant, defendant appeals.
Baldwin & Caret, for appellant.
Buckingham, McDavid & Monroe, for appellee.
Mr. Presiding Justice Eldredge
delivered the opinion of the court.
*1524. Husband and wife, § 265*—when decree for payment of solicitors’ fees in separate maintenance proceedings erroneous. A decree in separate maintenance proceedings held erroneous in making solicitors’ fees payable to the clerk of the court for the use of the complainant’s solicitors, as it should have required the money to be paid to complainant or to the clerk for her use.