Gaston

On November 22, 1884, plaintiff obtained a decree in the court below dissolving the bonds of matrimony previously subsisting between herself and defendant; awarding to her the custody of their minor child; setting over to her a specified portion of the com *545 rnunity property; and requiring defendant to pay the sum of forty-five dollars per month “during her lifetime, or during the time that she shall remain unmarried, as permanent alimony for her maintenance and support.” It also declared a certain tract of land situated in the county, and which was part of the community property set over to the defendant, to be charged with alien in favor of plaintiff for securing such payments, and directed the issuance of an order of sale of such land in case the defendant should fail to make the said payments as required. The ground of the action was extreme cruelty practiced by defendant upon plaintiff; the complaint contained no allegations of defendant’s ability to pay alimony, etc., though it alleged the existence of several parcels of community property. Defendant did not answer the complaint, but he appeared by attorney at the trial. He regularly paid the monthly alimony awarded to…