Court of Civil Appeals of Alabama April 6, 1983, Civ. 3532 (Pogue v. Pogue)

This is an appeal from a judgment entered by the Madison County Circuit Court which denied the plaintiff's request for the imposition of a constructive trust for her benefit on proceeds from a wrongful death recovery. Viewing the record with the attendant presumptions, the following facts are revealed. After what both parties characterized as an unhappy marriage, the parties divorced in 1961.