Hill v. Hill

• Decision Date: 04 April 1921
• Docket Number: 9805.
• Citation: 70 Colo. 47,197 P. 236
• Parties: HILL v. HILL.
• Court: Colorado Supreme Court

197 P. 236

70 Colo. 47

HILL v. HILL.

No. 9805.

Supreme Court of Colorado

April 4, 1921

Error to County Court, City and County of Denver; Ira C Rothgerber, Judge.

Action by Jessie E. Hill against Richard T. Hill. From an order awarding plaintiff temporary alimony, defendant brings error.

Affirmed.

H. R Kaus, of Denver, for plaintiff in error.

Wayne A. Gunkle and Ralph E. C. Kerwin, both of Denver, for defendant in error.

WHITFORD J.

The defendant in error filed her petition for temporary alimony court costs, and attorney fees in the divorce action instituted by her against the plaintiff in error, wherein she charged him with statutory cruelty.

On the hearing of the petition the plaintiff in error set up as a defense and introduced in evidence the following document which is denominated a property settlement, signed by the defendant in error and formally acknowledged by her before a notary public, to wit:

'Know all men by these presents, that I, Jessie E. Hill (also known as Jessie May Hill), of the city and county of Denver, Colorado, in consideration of the sum of seven hundred dollars ($700) to me in hand paid by my husband, Richard T. Hill, of the same place, the receipt of which is hereby confessed and acknowledged, do hereby accept the same in full settlement of all claims of whatsoever kind which I have or might have against the said Richard T. Hill for support and maintenance as his wife, and for my interest in and to any property, real, personal or mixed, which he now owns, or may become owner of, and for all claims for alimony, if we should become divorced and I hereby release the said Richard T. Hill of that certain obligation contained in those certain articles of separation and the agreement therein, made and entered into under date of May 28, 1919, between Richard T. Hill and Jessie E. Hill, whereby during the life of said agreement the said Richard T. Hill is obligated to pay me the sum of forty dollars ($40) per month for my support.

'It is my purpose and intention hereby to release all claim whatsoever which I have or might have in any property, real, personal or mixed, now owned by my said husband, or standing in his name, or which he may hereafter acquire, and to release my said husband of and from any and all obligations for maintenance and support and alimony, and the payment of forty dollars ($40) per month provided in our said articles of separation.'

The...