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GRIZZELL v. GRIZZELL

Civ. 7871.

583 So.2d 1349 (1991)

Lionel D. GRIZZELL v. Dorotha C. GRIZZELL.

Court of Civil Appeals of Alabama.

Rehearing Denied March 6, 1991.

Attorney(s) appearing for the Case

Ruth S. Capra, Birmingham, for appellant.

Thomas L. Foster, Birmingham, for appellee.

L. CHARLES WRIGHT, Retired Appellate Judge.

The parties were divorced in February 1981. The judgment of divorce, ratifying an agreement of the parties, contained the following pertinent provisions:

"4. The homeplace of the parties located at 119 Lake Street, Trussville, Alabama, shall remain in both the plaintiff's and defendant's names and if ever sold, destroyed by fire or windstorm, etc., then after the necessary expenses of sale, the net proceeds shall...

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