Templeton v. Templeton

Decision Date27 February 1901
Citation85 N.W. 247,126 Mich. 44
CourtMichigan Supreme Court
PartiesTEMPLETON v. TEMPLETON.

Appeal from circuit court, Ingham county, in chancery; Howard Wiest, Judge.

Action by Emily Templeton against Angus Templeton. From a decree fixing the amount of alimony to be paid by defendant, plaintiff appeals. Affirmed.

Smith & Hood, for appellant.

Lawton T. Hemans (R. A. Montgomery, of counsel), for appellee.

HOOKER, J.

The circuit court in chancery granted to complainant a decree of divorce, referring the subject of alimony to a commissioner, with direction to take proofs and report the amount of real and personal property possessed by the defendant. He reported the real property as of the value of $3,350, and that the personal property was worth $1,140, making a total of $4,490, whereupon the court decreed that the defendant pay to the complainant, within 90 days in cash, the sum of $1,400. The complainant has appealed, claiming the amount inadequate.

The proofs were taken in open court, and were ex parte. We may take judicial notice that no man whose property consists of a farm, and the personal property usually owned by a farmer, and which all amounts to but $4,490, can raise and pay $1,400 in cash without serious embarrassment. We think complainant should have been satisfied with the decree, which is hereby affirmed, without costs to either party. The other justices concurred.

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