Smith v. Smith

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court denying the appellant’s motion in a divorce action to foreclose a lien upon real property which was established by the divorce decree to secure the payment of alimony. The decree granting a divorce on October 24, 1957, awarded alimony in the total sum of $13,068, payable in installments of $108 per month. The provision in the divorce decree relied upon is an acceleration clause which provides that on default in the payment of any monthly installment “the entire balance shall become due…