Williams v. . Williams

The court below failed to instruct tbe jury as to tbe law applicable to tbe evidence offered by tbe defendant tending to show that at tbe time of tbe alleged agreement sbe was mentally incapable of consenting to or acquiescing in a separation. This is tbe basis of defendant’s primary exception.

Tbe meaning of tbe terms “separation” and “separate and apart” has been fully and sufficiently discussed in a number of recent decisions of this Court. Lee v. Lee, 182 N. C., 61, 108 S. E., 352; Woodruff v. Woodruff, 215 N. C., 685, 3 S. E. (2d), 5; Byers v. Byers, 222 N. C., 298; Byers v. Byers, 223 N.…