Ex Parte Smith

The single issue for review in this appeal is whether the trial court improperly modified a divorce decree by impressing an equitable lien in favor of the wife upon the husband's property.

Eugene Smith, Jr., the appellant, and Dorothy Jean Smith, the appellee, were divorced on November 4, 1971, in circuit court, Mobile county. The final divorce decree awarded the couple's jointly owned home to the husband and provided that he assume the outstanding mortgage on the property. The decree also ordered the wife to vacate the property and to convey her interest to the appellant within thirty days of…