Mitchell v. Mitchell

Reversing.

Alberta Mitchell prosecutes this appeal from the judgment of the Payette Circuit Court denying her a divorce in an uncontested action. Both the commissioner and the chancellor were of the opinion that this is a collusive suit and on the authority of Denehie v. Denehie, 306 Ky. 787, 209 S. W. 2d 309, the chancellor followed the recommendation of his commissioner and dismissed the petition.

It was averred in the petition filed on June 27, 1947, that the parties were married in Fayette County, Kentucky, on Aug. 15, 1932, and lived together in Lexington until the summer of 1936, at which…