Smith v. Alexander

McCLELLAN, J. —

In the year 1859, Jeremiah Smith obtained a decree in the Chancery Court of Randolph county divorcing him from M. E. Smith. This decree allowed M. E. Smith one hundred dollars per annum as alimony. Soon afterwards, M. E. Smith removed to Texas, where she died in 1867, only one installment of alimony — that for the year 1860 — having been paid. In 1872, the death of M. E. Smith not being known to her attorney in Alabama, executions were issued, and the amount due on the decree for alimony was collected by the sale of Jeremiah Smith’s property. While the money was in the hands of…