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126 Mich. 44

Templeton v. Templeton

Michigan Supreme Court

Decided February 21, 1901

Michigan Supreme Court · decided 1901-02-21

Bill by Emily Templeton against Angus Templeton for a divorce. From a decree fixing the amount of alimony to be paid by defendant, complainant appeals.

Affirmed · Decided 1901-02-21

Hooker, J.

¶1The circuit court in chancery granted to complainant a decree of divorce, referring the subject of *45alimony 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.

¶2' 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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