Wilson v. Wilson

Opinion by

Trexler, J.,

The Act of March 13, 1815, section 1, 6 Smith 286, provides among the causes for which a divorce may be decreed that: “either party at the time of the contract was and still is naturally impotent or incapable of procreation.” The libellant' in the present case testified that although she and the respondent had lived together for more than two years, the marriage had never been physically consummated. She was corroborated by a physician who had examined her and found her still intact and apt. There were other witnesses who testified to statements made by the husband which…