Darden v. Witham

Lewis, Justice:

The matter now before this Court is an outgrowth of our decision in Darden v. Witham, 258 S. C. 380, 188 S. E. (2d) 776. The action was originally brought by the appellant-Darden (herein called the husband), against the respondent-Witham (herein called the wife) as a declaratory judgment action to have the court declare the rights of the parties under a 1967 divorce decree, and a property settlement agreement adopted by the court as a part of the divorce decree. The property settlement agreement and the divorce decree provided that the husband make payments to the wife of…