Rickards v. Rickards

Wolcott, J.:

This is an appeal by the husband from a judgment of the Superior Court of New Castle County granting an annulment of marriage at the suit of the wife, and ordering the conveyance of real estate held by entireties to the wife alone.

The action was based upon 13 Del. C. § 1551, which provides as one ground for annulment of marriages:

“Incurable physical impotency, or incapacity for copulation, at the suit of either party; if the party making the application was ignorant of such impotency or incapacity at the time of the marriage.”

The appeal attacks both phases of the judgment — that…