Montgomery v. Montgomery

MILLIKEN, Judge.

May a fully satisfied written agreement between former spouses which was intended to modify an award for alimony and maintenance rendered at the time of divorce be a complete bar to the recovery of unpaid alimony installments which have accrued under the unmodified, original award of the court?

In 1937 the appellant was granted a judgment of divorce, and was awarded alimony and custody of the parties’ infant children by the Shelby Circuit Court. Upon that judgment she obtained an execution on February 12, 1941, which was levied on land in Henry County, the record title to which…