Borland

This is an appeal by the defendant from a judgment against her for $450 upon a contract by which, for a valuable consideration, she guaranteed the payment of $50 a month alimony to plaintiff, which sum, said contract recited, had been allowed to plaintiff by a decree of divorce duly entered in her favor dissolving the marriage between her and John H. Borland, the son of the present defendant.

In the present action the defendant filed an answer admitting the execution of the contract set out in the complaint and the fact that $450 past due thereunder had not been paid by her son nor by herself as the guarantor, but alleged that said agreement was invalid and void for several reasons, to wit: That no consideration for the same had actually been paid, despite the recital therein contained; that it was part and parcel of a collusive agreement for divorce, and as such was contrary to public policy; that the recital therein contained to the effect that the decree in the divorce action had previously been entered was false, the fact being that the contract of guarantee was, in reality, entered into before the actual signing and filing of the decree which it recites, and similar matters.…