Hallman v. Hallman

ON MERITS

Division of property and fixing of alimony in a divorce case is within the sound discretion of the trial court. Killingsworth v. Killingsworth, 284 Ala. 524, 226 So.2d 308. The exercise of such discretion is reviewable only for determination of palpable error and abuse. In reviewing the decree of the trial court, such decree is presumed correct where the witnesses were heard by the court. Fox v. Fox, 48 Ala.App. 437, 265 So.2d 877. Such presumption of correctness is not overcome until upon consideration of all the evidence, the reviewing court determines the decree to be so contrary…