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JONES v. JONES

No. 317.

135 S.E.2d 554 (1964)

261 N.C. 612

William Wayne JONES v. Josephine Tyndall JONES.

Supreme Court of North Carolina.

April 8, 1964.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff appellee.

Herbert B. Hulse, Goldsboro, for defendant appellant.

PER CURIAM.

When a husband and wife execute a valid deed of separation and thereafter live apart, such separation exists by mutual consent from the date of the execution of the instrument. Richardson v. Richardson, 257 N.C. 705, 127 S.E.2d 525. As long as the deed stands unimpeached, neither party can attack the legality of the separation on account of the misconduct of the other prior to its execution...

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