Birnstill v. Birnstill

April 29, 1950, appellee, H. Fred Birnstill, sued for, and on the same day procured, a decree of divorce from appellant on the ground of separation for three years without cohabitation and the only issues presented, says appellant, are: “Whether the plaintiff (appellee), at the time, had‘been a resident of the State of Arkansas for the length of time required by law, and the question of the property rights between the parties.”

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The preponderance, if not all, of the evidence shows that appellee moved from New York and established his home on a small tract of land (approximately ten acres)…