Killough v. Killough

This is an appeal from an order denying substitution of a party under Rule 25, ARCP, and dismissal of the action for its failure to survive the death of a party.

The record before us indicates that a divorce action was filed by Forrest Killough, Jr. against his wife, Sarah. The wife answered and filed a cross-complaint for divorce requesting, among other things, alimony and an equitable division of marital property. After answer to the cross-complaint, the matter was heard orally upon extensive testimony. The matter was taken under consideration by the court for final judgment. Before entry of…