Marcey v. Marcey

ROVER, Chief Judge.

Appellant filed a complaint against her husband for absolute divorce on the ground of desertion for two years under the provisions of Code 1951, § 16-03, and for permanent custody of their minor child. The trial judge ruled that she had failed to prove desertion and accordingly entered an order denying the divorce. This appeal assigns as error the finding that the evidence proved a mutual agreement between the parties to separate and not a'desertion by the husband. 1

The testimony of the. appellant established that she married the appellee in 1951; that sometime during the…