Alexander Hamilton Life Insurance Company Of America v. Lewis

550 S.W.2d 558 (1977)

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Nature of the Case

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Facts

Ps' daughter had disappeared, and her whereabouts had been unknown for over seven years. Ps brought suit against D for the face amount of two insurance policies on her life. A judgment was entered for P and was paid by D. The daughter was discovered alive and D file a motion to set the judgment aside. The relief was denied but then granted on appeal. On remand, the trial court received evidence bearing on the disposition of the money by Ps and upon their present financial condition and entered a 'judgment of restitution' directing them to repay $7218.40, being half of the money collected under the original judgment, without interest. Both parties appealed.