Dillon v. Dillon, No. 56653

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtBefore WALKER; SULLIVAN; WALKER
Citation498 So.2d 328
PartiesPatsy L. DILLON v. Clyde W. DILLON.
Decision Date12 November 1986
Docket NumberNo. 56653

Page 328

498 So.2d 328
Patsy L. DILLON
v.
Clyde W. DILLON.
No. 56653.
Supreme Court of Mississippi.
Nov. 12, 1986.

Page 329

Keith Starrett, Starrett & Honea, Magnolia, for appellant.

W.H. McGehee, McGehee, McGehee & Torrey, Meadville, for appellee.

Before WALKER, C.J., and DAN M. LEE and SULLIVAN, JJ.

SULLIVAN, Justice, for the Court:

Clyde W. Dillon obtained a divorce from his wife, Patsy L. Dear Dillon in the Chancery Court of Franklin County, Mississippi. The divorce was granted on the ground of adultery and Stacy Clyde Dillon, the eighteen year old son of the parties, elected to live with his mother and she was granted his custody. Clyde Dillon was ordered to pay to her $250.00 per month for child support and further ordered to pay the remaining indebtedness on a car owned by the minor, Stacy Dillon. Clyde Dillon was further ordered to pay the remaining indebtedness on a car used by his former wife, Patsy Dillon. Patsy Dillon was awarded all the remaining personal items located in their home and she was awarded one-half ( 1/2) of all the sheets, blankets, linens, towels, pots, pans, dishes and utensils of the parties at the time of their separation. The chancellor further ordered that the home and real property that was jointly owned by the parties was to be partited according to Sec. 11-21-7, Miss.Code Ann. (1972), and that the proceeds from this sale would be divided among the parties. Dissatisfied with the judgment of the trial court, Mrs. Dillon prosecutes this appeal.

The chancellor in his final decree made a detailed finding of facts in this case. It would add nothing to the jurisprudence of this State that those facts be repeated for publication. Suffice to say, this Court has carefully reviewed the record in this case and the finding of facts of the chancellor.

I.

WAS THERE SUFFICIENT EVIDENCE TO SUPPORT THE GRANTING OF A

DIVORCE ON THE GROUND OF ADULTERY?

We begin with the basic statement that unless the chancellor's determination of fact is manifestly wrong this Court will uphold his decision. Dubois v. Dubois, 275 So.2d 100 (Miss.1973).

It is also well accepted law in this jurisdiction that in order to grant a divorce on the ground of adultery, adultery must be proven by clear and convincing evidence. McCraney v. McCraney, 208 Miss. 105, 43 So.2d 872 (1950).

Page 330

In Mississippi one seeking a divorce on the grounds of adulterous activity must show by clear and convincing evidence both an adulterous inclination and a reasonable opportunity to satisfy that inclination. Owen v. Gerity, 422 So.2d 284, 287 (Miss.1982); Magee v. Magee, 320 So.2d 779, 783 (Miss.1975); Rodgers v. Rodgers, 274 So.2d 671, 673 (Miss.1973). Where the plaintiff relies on circumstantial evidence as proof for his allegations, he or she retains the burden of presenting satisfactory evidence sufficient to lead the trier of fact to conclusion of guilt. Rodgers, 274 So.2d at 673. However, such evidence need not prove the alleged acts beyond a reasonable doubt and the plaintiff is not required to present direct testimony as to the events complained of due to their secretive nature. Bunkley & Morse's Amis, Divorce & Separation in Mississippi, Sec. 3.09(5) (1957). Nevertheless, the burden of proof is a heavy one in such cases because the evidence must be logical, tend to prove the facts charged, and...

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104 practice notes
  • Whitworth v. Kines, No. 90-CA-0579
    • United States
    • United States State Supreme Court of Mississippi
    • May 27, 1992
    ...]; Brown v. Williams, et al., 504 So.2d 1188, 1192 (Miss.1987); Harkins v. Fletcher, 499 So.2d 773, 775 (Miss.1986); Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Will of Polk, 497 So.2d 815, 818 Mullins, 515 So.2d at 1189. The same capacity is required to execute a valid deed as is req......
  • Lockett v. State, No. DP-67
    • United States
    • United States State Supreme Court of Mississippi
    • September 30, 1987
    ...of fact will not be disturbed on appeal unless manifestly wrong); Brown v. Williams, 504 So.2d 1188 (Miss.1987) (same); Dillon v. Dillon, 498 So.2d 328, 330 (Miss.1986) (same); Country Club of Jackson v. Saucier, 498 So.2d 337, 339 (Miss.1986) (same); Wiley v. State, 465 So.2d 318, 320 (Mis......
  • Ferguson v. Ferguson, No. 92-CA-00058
    • United States
    • United States State Supreme Court of Mississippi
    • July 7, 1994
    ...The charge of adultery was properly established by clear and convincing evidence, and this assignment is without merit. Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986). B. Habitual Cruel and Inhuman Treatment Billy contends the chancellor erred in denying him a divorce on the grounds of ha......
  • Mullins v. Ratcliff, No. 57278
    • United States
    • United States State Supreme Court of Mississippi
    • November 25, 1987
    ...Brown v. Williams, et al., 504 So.2d 1188, 1192 (Miss.1987); Harkins v. Fletcher, 499 So.2d 773, 775 (Miss.1986); Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Will of Polk, 497 So.2d 815, 818 (Miss.1986). This Court must examine the entire record and that evidence which supports or rea......
  • Request a trial to view additional results
104 cases
  • Whitworth v. Kines, No. 90-CA-0579
    • United States
    • United States State Supreme Court of Mississippi
    • May 27, 1992
    ...]; Brown v. Williams, et al., 504 So.2d 1188, 1192 (Miss.1987); Harkins v. Fletcher, 499 So.2d 773, 775 (Miss.1986); Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Will of Polk, 497 So.2d 815, 818 Mullins, 515 So.2d at 1189. The same capacity is required to execute a valid deed as is req......
  • Lockett v. State, No. DP-67
    • United States
    • United States State Supreme Court of Mississippi
    • September 30, 1987
    ...of fact will not be disturbed on appeal unless manifestly wrong); Brown v. Williams, 504 So.2d 1188 (Miss.1987) (same); Dillon v. Dillon, 498 So.2d 328, 330 (Miss.1986) (same); Country Club of Jackson v. Saucier, 498 So.2d 337, 339 (Miss.1986) (same); Wiley v. State, 465 So.2d 318, 320 (Mis......
  • Ferguson v. Ferguson, No. 92-CA-00058
    • United States
    • United States State Supreme Court of Mississippi
    • July 7, 1994
    ...The charge of adultery was properly established by clear and convincing evidence, and this assignment is without merit. Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986). B. Habitual Cruel and Inhuman Treatment Billy contends the chancellor erred in denying him a divorce on the grounds of ha......
  • Mullins v. Ratcliff, No. 57278
    • United States
    • United States State Supreme Court of Mississippi
    • November 25, 1987
    ...Brown v. Williams, et al., 504 So.2d 1188, 1192 (Miss.1987); Harkins v. Fletcher, 499 So.2d 773, 775 (Miss.1986); Dillon v. Dillon, 498 So.2d 328, 329 (Miss.1986); Will of Polk, 497 So.2d 815, 818 (Miss.1986). This Court must examine the entire record and that evidence which supports or rea......
  • Request a trial to view additional results

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