DAVIS v. DAVIS

No. 5-5703.

473 S.W.2d 172 (1971)

Frank DAVIS, Administrator, Appellant, v. Earvin Kelch DAVIS, Appellee.

Supreme Court of Arkansas.

Rehearing Denied September 7, 1971.


Attorney(s) appearing for the Case

Butler & Hicky, Forrest City, for appellant.

Giles Dearing, Wynne, for appellee.


BYRD, Justice.

Appellee Earvin Kelch Davis brought this action after the death of her husband Julian Dean Davis to set aside a divorce he had obtained upon constructive service on February 11, 1965, on the ground that he had committed a fraud upon her and the court in representing she was a nonresident when in fact she was living with him when suit was filed and the decree entered. The trial court found that the parties were living together at the time and declared...

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