Owen v. Owen

Appellee, N. H. Owen, sued appellant, Ella Owen, for divorce, alleging as a cause therefor that they had lived separate and apart for three consecutive years without cohabitation, as provided in the 7th subdivision of § 4381, Pope’s Digest, as amended by Act 20 of the Legislature of 1939. May 22, 1944, a decree of divorce was granted appellee and property rights adjudicated. The wife, Ella Owen, has appealed, and since the appeal here, the husband died'.

While death terminates a divorce suit, where, as here, property rights are involved, it becomes our duty as an appellate court to review the…