Floyd, Guardian v. Isbell

November 4, 1935, Hugh Isbell, appellee’s husband, by appropriate proceedings, was declared mentally incompetent, and a guardian duly appointed. .Shelby E. Floyd is the guardian in succession.

August 28, 1945, appellee, Fay Isbell, sued her husband for divorce. The grounds alleged were cruel treat-' ment, or indignities, § 4381, Pope’s Digest, 5th subdivision. Summons was served on the guardian of Hugh Isbell, Shelby E. Floyd, September 19, 1945. September 7, 1945, Hugh Isbell executed a waiver of service and entry of appearance. A decree of divorce was granted Fay Isbell January 16, 1946, and…