Helfer v. Helfer

MASSEY, Chief Justice.

' The first question posed by this appeal is whether, in an action for divorce under section (4), Article 4629, Vernon’s Ann. Civ.St. (the ground afforded either party when a husband and wife have lived apart without cohabitation for ás long as seven years), the adultery on the part of the complaining party may be asserted as a defense.

At an earlier date this court held that adultery constituted no defense to an action for divorce brought under said section and Article. Robertson v. Robertson, Tex.Civ.App., Fort Worth 1949, 217 S.W.2d 132, mandamus denied. We have been…