Buford v. Buford

EDGERTON, Associate Justice.

The plaintiff appeals from a judgment for the defendant in a suit for absolute divorce on the ground of five years voluntary separation without cohabitation.1 Ap*568pellant, the husband, filed the suit in August 1944. Appellee’s answer admitted that the' parties had separated in February 1939 and had not lived together afterward. The answer asserted that appellant’s cruelty forced appellee to leave him, and argued that, for this reason, the separation was not “voluntary”.

The District Court found the following facts. The parties were married in 1935. On March 23, 1939,…