Yates

Application for a modification of a decree awarding alimony. The parties hereto were formerly husband and wife. On November 23, 1923, in anticipation of the wife filing an action for divorce they entered into a property settlement and maintenance agreement. This agreement provided, among other things, that the husband should pay his wife the sum of $150 per month for her support and maintenance until the death of either party or until the wife should remarry, in which event the payments were to cease. Certain real property was conveyed to the wife, which was heavily encumbered. On December 20, 1923, the wife filed a suit for divorce. The husband defaulted and an interlocutory decree was entered declaring the wife entitled to a divorce and awarding her the sum of $150 per month for her maintenance and support. On January 5, 1925, a final decree was entered and the allowance for her support was carried into this judgment. Thereafter the husband remarried. On the sixteenth day of August, 1926, he filed an affidavit in the divorce action, which alleged' that he had been unable to earn sufficient money to comply with the terms of the decree and he prayed for an order releasing him…