Supreme Court of North Carolina, 1965

Edmisten v. Edmisten

Edmisten v. Edmisten
Supreme Court of North Carolina · Decided October 20, 1965 · Per Curiam
144 S.E.2d 404; 265 N.C. 488; 1965 N.C. LEXIS 1020 (South Eastern Reporter, Second Series)

Edmisten v. Edmisten

Opinion

PeR CuRiam.

From and after the execution of a valid deed of separation, a husband and wife living apart do so by mutual consent. The prior misconduct of one will not defeat his action for divorce under G.S. 50-6, brought two years thereafter. Plaintiff’s demurrer to defendant’s further answer was properly sustained. The judgment is affirmed upon the authority of Jones v. Jones, 261 N.C. 612, 135 S.E. 2d 554; Richardson v. Richardson, 257 N.C. 705, 127 S.E. 2d 525.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.