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HIGGINS v. HIGGINS

136 S.E.2d 793 (1964)

205 Va. 324

Roy Taylor HIGGINS v. Maryann Merrick HIGGINS.

Supreme Court of Appeals of Virginia.

June 15, 1964.

Attorney(s) appearing for the Case

Charles R. Cloud, Norfolk (Joseph H. Campbell, Norfolk, on brief), for appellant.

William L. Parker, Norfolk (Harry Nicholson, Norfolk, on brief), for appellee.

Before EGGLESTON, C. J., SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

WHITTLE, Justice.

This is a divorce case in which the custody of children is involved. Mrs. Higgins, hereinafter sometimes called the wife, filed a bill in chancery against her husband, Roy Taylor Higgins, in which she sought a divorce a mensa et thoro, alleging cruelty and constructive desertion. She prayed that the court grant her custody of the two children.

The husband filed an answer and crossbill denying the charges of desertion on his part and...

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