Judges: TERRELL, J. —
Attorneys: A. C. Brooks and S. S. Sandford, for Appellant;
Chancey Thomas and Thomas Quinby, for Appellee.
Filed: Aug. 09, 1933
Latest Update: Mar. 02, 2020
Summary: In September, 1929, Annie H. Allen was divorced from Ben Hill Allen. The decree for divorce carried alimony in the sum of $100 per month. About the time *Page 734 the decree of divorce was granted, Ben Hill Allen executed his note and agreement to Annie H. Allen agreeing to pay her alimony in the sum of $100 per month during her natural life or so long as she remained unmarried. The note and agreement also provided that in the event of the death of Ben Hill Allen before the death of Annie H. All
Summary: In September, 1929, Annie H. Allen was divorced from Ben Hill Allen. The decree for divorce carried alimony in the sum of $100 per month. About the time *Page 734 the decree of divorce was granted, Ben Hill Allen executed his note and agreement to Annie H. Allen agreeing to pay her alimony in the sum of $100 per month during her natural life or so long as she remained unmarried. The note and agreement also provided that in the event of the death of Ben Hill Allen before the death of Annie H. Alle..
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On petition for rehearing in this cause it is pointed out that the appellant has posted a bond with the Probate Court of Hillsborough County to protect the claim of appellee if it should ultimately be reduced to judgment and in addition to such bond the real estate in controversy
is valued at a considerable sum which is also subject to appellee's claim.
If these allegations are correct it would not seem necessary to continue in effect the receivership and the order of this Court entered in December, 1932, under Section 5 of Article V of the Constitution. The last named writ is therefore dissolved and the cause remanded to the court below to make such order in the premises as he may deem advisable and sufficient to protect the claim of appellee.
The petition for rehearing is denied.
DAVIS, C. J., and WHITFIELD, BROWN and BUFORD, J. J., concur.
