Edmisten v. Edmisten , 265 N.C. 488 ( 1965 )

144 S.E.2d 404 (1965) 265 N.C. 488

J. H. EDMISTEN
v.
Margaret Q. EDMISTEN.

No. 366.

Supreme Court of North Carolina.

October 20, 1965.

Louis H. Smith, Boone, for defendant appellant.

Holshouser & Holshouser, Boone, for plaintiff appellee.

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.