DuValle v. DuValle

This is an appeal by the wife from the Circuit Court of Mobile County's dismissal of her motion to modify a 1952 divorce decree.

The 1952 divorce decree incorporated the terms of an agreement between the wife and her husband, appellee herein, in which the latter agreed to make monthly payments of $100 to the appellant-wife. After examination of this 1952 agreement and without hearing oral testimony, the trial court dismissed the wife's complaint which sought an increase in these monthly payments, stating that the periodic payments constituted property settlement payments which are not subject…