Lauter v. Howe

*394Plaintiff commenced a partition action and defendant counterclaimed for divorce, based upon a common-law marriage. The judgment of divorce incorporated by reference a stipulated settlement entered into by the parties during trial. It provided that plaintiff would deed over to defendant certain real property upon payment of the sum of $70,000 by a date certain, four months after entry of the stipulation. If payment was not made within four months, defendant was required to pay $75,000. Defendant’s failure to timely pay the settlement amount resulted in the instant application.

Defendant argues…