KILLOUGH v. KILLOUGH

Civ. 1829.

373 So.2d 336 (1979)

Sarah L. KILLOUGH v. W. Forrest KILLOUGH, Jr.

Court of Civil Appeals of Alabama.

July 25, 1979.


Attorney(s) appearing for the Case

Rodney A. Max of Denaburg, Schoel, Meyerson & Ogle, Birmingham, and Charles J. Najjar of Najjar & Najjar, Birmingham, for appellant.

Thomas Reuben Bell, Sylacauga, and Ralph D. Gaines, Jr., Talladega, for appellee.


WRIGHT, Presiding Judge.

This is an appeal from an order denying substitution of a party under Rule 25, ARCP, and dismissal of the action for its failure to survive the death of a party.

The record before us indicates that a divorce action was filed by Forrest Killough, Jr. against his wife, Sarah. The wife answered and filed a cross-complaint for divorce requesting, among other things, alimony and an equitable division of marital property. After answer to...

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