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HELFER v. HELFER

No. 16180.

342 S.W.2d 8 (1960)

Vera Marie HELFER, Appellant, v. Aaron HELFER, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

December 9, 1960.

Attorney(s) appearing for the Case

Burt Barr, Dallas, for appellant.

Clarence Bentley, Dallas, for appellee.

MASSEY, Chief Justice.

The first question posed by this appeal is whether, in an action for divorce under section (4), Article 4629, Vernon's Ann. Civ.St. (the ground afforded either party when a husband and wife have lived apart without cohabitation for as long as seven years), the adultery on the part of the complaining party may be asserted as a defense.

At an earlier date this court held that adultery constituted no defense to an

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