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RICKARDS v. RICKARDS

166 A.2d 425 (1960)

Edmund E. RICKARDS, Defendant Below, Appellant, v. Kathryn Roberts RICKARDS, Plaintiff Below, Appellee.

Supreme Court of Delaware.

December 8, 1960.

Attorney(s) appearing for the Case

Robert B. Walls, Jr., Wilmington, for defendant below, appellant.

Clement C. Wood (of Allmond & Wood), Wilmington, for plaintiff below, appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

WOLCOTT, Justice.

This is an appeal by the husband from a judgment of the Superior Court of New Castle County granting an annulment of marriage at the suit of the wife, and ordering the conveyance of real estate held by entireties to the wife alone.

The action was based upon 13 Del.C. § 1551, which provides as one ground for annulment of marriages:

"Incurable physical impotency, or incapacity for copulation...

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