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ADKINS v. ADKINS

No. 6868.

365 P.2d 439 (1961)

69 N.M. 193

Earl Robert ADKINS, Jr., Plaintiff-Appellee, v. Carolyn Maidell ADKINS, Defendant-Appellant.

Supreme Court of New Mexico.

October 13, 1961.

Attorney(s) appearing for the Case

Adams, Foley & Calkins, Albuquerque, for appellant.

R.F. Deacon Arledge, Charles Driscoll, Albuquerque, for appellee.

MOISE, Justice.

Plaintiff-appellee and defendant-appellant were married in 1946 and lived together as husband and wife until they separated in 1958. Thereafter, on February 12, 1959, they entered into a separation agreement. This agreement contains the following recitals:

"Whereas, The said husband and wife hereby mutually agree to separate and live apart from each other during the remainder of their matrimonial obligation, unless they should mutually agree...

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