Osborne

In the decree in the divorce suit, it was provided in effect that if Bussche, who claimed to have purchased the Tyler Street lot from the husband, should finally recover the lot, or if it should be amicably arranged between the parties, “ so that the contract of sale shall be carried into effect,” in that event two-thirds of the purchase money, or the securities therefor, should be paid to the wife, “ or secured in her name,” and the remaining one-tliird should be paid or secured to the husband. Bussche was a party to the action, and was therefore bound by the judgment. The present proceeding is a motion by the wife for leave to proceed on the judgment, notwithstanding more than five years had elapsed between the entry of the judgment and the commencement of this proceeding. It appears from her affidavit in support of the motion, that the controversy with Bussche was amicably settled, and that she and her husband united in a deed to him or his assignee for the Tyler Street lot in consideration of $12,000, which was the purchase price; of which sum, $4,000 was paid in cash, and two promissory notes, each for the sum of $4,000, were executed and delivered by the purchaser; that the…