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DARDEN v. WITHAM

19417

258 S.C. 380 (1972)

188 S.E.2d 776

Colgate W. DARDEN, III, Appellant, v. Elizabeth J. WITHAM, formerly Elizabeth J. Darden, and the Virginia National Bank of Norfolk, Virginia, Respondents.

Supreme Court of South Carolina.

May 11, 1972.

Attorney(s) appearing for the Case

Frank E. Robinson, Esq., of Lewis, Lewis & Robinson, Columbia, for Appellant.

Messrs. Miles Loadholt, of Blatt, Fales, Peeples, Bedingfield & Loadholt, Barnwell, and Julian B. Salley, Jr., of Henderson, Salley, Bodenheimer & Lynn, Aiken, for Respondent.

May 11, 1972.

LITTLEJOHN, Justice.

Colgate W. Darden, III, commenced this action on March 5, 1971. His petition alleged that his former wife (Elizabeth J. Darden Witham) having remarried, it was doubtful whether his obligation to make payments under a 1967 divorce decree and/or an agreement was a continuing one in view of Section 20-114 of the Code.1 The petition further

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