Colston v. Colston

Opinion op the Court by

Chief Justice Fulton

Reversing.

This action was filed by the appellant on December 19, 1942 for a divorce, on the ground that he and his wife had lived separate and apart without co-habitation for five years. The appellee pleaded by the first paragraph of her answer and counterclaim that she and the appellant separated on August 27, 1932, and lived separate and apart until September 25, 1936, on which date the appellant was confined in the penitentiary where he served until September 25, 1942, and, therefore, that a voluntary separation had not existed for five years as…