Virgil v. Virgil

This is a suit instituted by the plaintiff husband to annul his marriage. The basis of the action is that the defendant was not eligible to marry the plaintiff in that her prior marriage to one Floyd had not been validly dissolved by the decree of the Alabama court which had been petitioned by her for a divorce from Floyd. The allegation of invalidity is denied by the wife, who urges, moreover, that, by virtue of the conduct of the plaintiff in inducing and encouraging her to proceed to Alabama to divorce Floyd, so that she would be free to marry the plaintiff, the latter is estopped from…