Messenger v. Messenger

Plaintiff and defendant were married in 1936 and separated in 1950. On January 3, 1951, they executed a property settlement agreement. Thereafter plaintiff filed a complaint for divorce, and on January 8, 1951, an interlocutory decree was granted to her on the ground of extreme cruelty. The decree approved and incorporated by reference the provisions of the agreement and expressly ordered defendant to pay $500 per month “as agreed in said property settlement agreement. ’ ’ The final decree was entered on January 16, 1952.

*622In December, 1953, plaintiff applied for an order of execution for…