Molema

Plaintiff appeals from an order annulling portions of decrees of divorce awarding her alimony.

On May 28, 1914, the plaintiff was awarded an interlocutory decree of divorce from the defendant upon grounds of cruelty. The complaint for divorce pleaded the ownership of two parcels of property, one of which was alleged to be community property, and the other was alleged to be the separate property of the wife, and also alleged defendant’s ability to pay alimony. The decree made no disposition of the community property but cleared plaintiff’s title to the parcel claimed as her separate property, and awarded her alimony in the sum of $25 a month. This sum was paid more or less irregularly until August, 1927, when, defendant being $225 in arrears, he was cited to appear in contempt proceedings. He thereupon gave notice of motion to strike from the decrees the provisions relating to alimony. This motion was based upon three grounds: inadvertence, that defendant, was then unable to make the payments, and that plaintiff does not require the same. The motion was heard at the same time as the order to show cause. The trial court found that defendant was delinquent to the extent of $200.…