Hocutt v. Hocutt

Husband seeks review of the order granting wife's Rule 60 (b), Alabama Rules of Civil Procedure, motion.

The parties were divorced on December 4, 1981, ending a forty-year marriage. The decree provided that the parties were divorced but made no disposition of the parties' property, nor did it provide the wife any alimony.

On October 18, 1982 the wife filed a petition seeking a partition of the parties' real and personal property. She alleged that during the marriage the parties had acquired 781 acres of land, of which 678 were jointly owned, and approximately 103 acres were in the name of the…