Coffey v. Coffey

SEXTON, Judge.

Plaintiff-Appellant, James A. Coffey, is appealing the trial court judgment denying him the right to recover eleven years’ worth of alimony payments made to his former wife under the theory of payment of a thing not due. For the reasons hereinafter stated, we affirm in part and reverse in part.

Plaintiff, James A. Coffey, and defendant, Fleta Faye Coffey, were married in 1947. After being physically separated for several months due to Mr. Coffey’s alleged adultery, Mrs. Coffey filed suit for divorce on grounds of adultery on April 24, 1972. The petition for divorce included a…