Wilson v. . Hinman
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 30, 1904, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered Hovember 30, 1904, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The following is the question certified : “ Does the complaint state facts sufficient to constitute a cause of action ? ” The payment of alimony which accrued during the.life of Balis L. Hinman, the respondent’s divorced husband, was sufficient to and did satisfy the…
1Opinion of the Court
Cullen, Ch. J.
This action is brought for the foreclosure of a mortgage. The complaint states that the plaintiff recovered a judgment of absolute divorce against one Balis L. Hinman, by which judgment, as amended, the plaintiff was awarded as alimony the sum of three hundred dollars annually “ so long as she shall live, to be paid by the said defendant in equal monthly payments; that said judgment further provided that the defendant in the action should give security for the payment of'such alimony by the execution and delivery of a mortgage on certain specified real estate; that in pursuance…
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