McDaniel v. McDaniel

EDWARD N. SCRUGGS, Retired Circuit Judge.

This appeal concerns the trial court’s refusal to set aside a divorce judgment.

The wife’s amended motion under Rule 60(b) of the Alabama Rules of Civil Procedure averred that the husband coerced her into signing their divorce agreement, that she was under such duress that, by the terms of the agreement, she gave up custody of her son and her rights to their home place and all other assets, and that she was not capable of entering into the agreement at that time because she was then suffering from severe depression.

The divorce judgment adopted the terms…