Butcher v. Webb

OPINION

O’BRIEN, Justice.

This is an action to recover alimony payments claimed to have been improvidently paid by the plaintiff as a result of the defendant’s intentional and deliberate concealment of remarriage.

Dorris White Butcher and Betty Jean Lane Butcher were granted an absolute divorce in Rutherford County, Tennessee on 24 August 1976. The divorce decree ordered ex-husband, Dorris Butcher, to pay alimony at the rate of $40 per week. The decree did not contain limitation on the number of payments, nor did it include a provision for-the cessation of alimony upon remarriage of the…