Chatterton v. Chatterton

This is a writ of error' sued out to review a decree of divorce obtained by the wife of plaintiff in error against him by default, on the alleged ground of desertion. The wife has since died, and the defendants in error are the heirs at law of the wife and the beneficiaries under her will, the executor thereof and a purchaser of real estate from the wife subsequent to the decree.

A motion to dismiss made by defendants in error was reserved to the hearing, and is denied.

The record shorn of the motion to dismiss presents three points for our consideration and determination:

First. Whether in a…