Long v. Long
| Decision Date | 01 June 1931 |
| Docket Number | 29203 |
| Citation | 160 Miss. 492,135 So. 204 |
| Court | Mississippi Supreme Court |
| Parties | LONG v. LONG |
Where both husband and wife provoked acts of cruelty, neither is entitled to divorce on ground of cruel and inhuman treatment.
HON. J A. FINLEY, Chancellor.
APPEAL from chancery court of Lee county, HON. J. A. FINLEY Chancellor.
Suit by Kellum Long against Mrs. Ruby Long. Decree for the complainant, and the defendant appeals. Reversed, and the bill dismissed.
Reversed and bill dismissed.
C. A. Bratton, of Pontotoc, for appellant.
Where the faults of husband and wife are nearly balanced, and are of a similar nature, neither party can be heard to complain in a court of justice.
Gormley v. Gormley, 108 So. 307.
With reference to the charge of adultery, the evidence can at the most, if none of it were denied, amount only to suspicion. If the proof shows adultery on the part of the appellant, such conduct was condoned by the appellee.
Blair & Anderson, of Tupelo, for appellee.
The chancellor saw and heard the witnesses testify and his finding of the fact should not be disturbed unless it is manifestly wrong.
Heard v. Cottrell, 100 Miss. 42, 56 So. 277; Lott v. Hull, 104 Miss. 308, 61 So. 421; Southern Plantation Co. v. Kennedy Co., 104 Miss. 131, 61 So. 166; Bland v. Bland, 105 Miss. 478, 62 So. 641; Freeman v. Freeman, 107 Miss. 750, 66 So. 202; Himber v. Himber, 109 Miss. 216, 68 So. 161; Glover v. Falls, 120 Miss. 201, 82 So. 4.
Of course it is practically impossible to prove otherwise than by circumstantial evidence the act of adultery but circumstantial evidence when proved with reasonable certainty is sufficient provided the conclusion sought to be established follow logically from the facts.
Banks v. Banks, 118 Miss. 783, 79 So. 841.
Argued orally by C. A. Bratton, for appellant.
This is an appeal from a decree awarding the appellee a divorce from the appellant, his wife. The bill alleges two grounds of divorce, habitually cruel and inhuman treatment and adultery; the divorce being granted on the first of these grounds. As to the cruel and inhuman treatment, the evidence discloses that "honors are even" between the parties, each being as much of an offender as the other, the acts of each being usually provoked by acts and words of the other. Where such is the case, neither party is entitled to a divorce on the ground of cruel and inhuman treatment. Gormley v. Gormley, 161 La. 121, 108 So. 307; Healey v. Healy, 77 Ark. 94, 90 S.W. 845; 1st Bishop on Marriage and Divorce (5 Ed.), section 764; Keezer on Marriage and Divorce (2 Ed.), section 284.
The court below in its decree...
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...v. Duvall, 224 Miss. 546, 80 So.2d 752, 81 So.2d 695 (1955); Brown v. Brown, 237 Miss. 53, 112 So.2d 556 (1959). In Long v. Long, 160 Miss. 492, 135 So. 204 (1931), reversing a decree and dismissing a bill for divorce, the Court, commenting on the husband's allegations of cruel and inhuman ......
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...the decree of the chancellor. Ammons v. Ammons, 144 Miss. 314, 109 So. 795; Russell v. Russell, 157 Miss. 425, 128 So. 270; Long v. Long, 160 Miss. 492, 135 So. 204; Price v. Price, 181 Miss. 539, 179 So. 855; Stringer v. Stringer, 209 Miss. 326, 46 So.2d 791; Chambers v. Chambers, 213 Miss......
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Conn v. Conn
...the marital relation. We take it that the same rule would hold in a suit for separate maintenance. Ammons v. Ammons, 109 So. 795; Long v. Long, 135 So. 204; Dunn v. Dunn, 125 So. W. C. Sweat, of Corinth, for appellee. The bill alleges that the appellant without any cause or excuse stated to......
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Price v. Price
...about the status on which such party relies to obtain a divorce, such spouse will not be entitled to divorce. In the case of Long v. Long, 160 Miss. 492, 135 So. 204, this court held that where both husband and wife provoked alleged acts of cruelty, neither is entitled to a divorce on that ......