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OWENS v. OWENS

No. 7515DC820.

222 S.E.2d 704 (1976)

28 N.C. App. 713

Alberta C. OWENS v. John R. OWENS.

Court of Appeals of North Carolina.

March 17, 1976.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis & James by Marion G. Follin, III, Greensboro, Latham, Wood & Cooper by James F. Latham, Burlington, for plaintiff-appellee.

Seawell, Pollock, Fullenwider, Van Camp & Robbins, P. A., by James R. Van Camp and Bruce T. Cunningham, Jr., Carthage, for defendant-appellant.

CLARK, Judge.

Where adultery is pleaded in bar in an action for alimony or alimony pendente lite, an award will not be sustained in the absence of the finding of fact on the issue of adultery in favor of the party seeking the award. G.S. 50-16.6(a); Foster v. Foster, 25 N.C. App. 676, 214 S.E.2d 264 (1975).

In support of the trial court's ruling that the evidence of adultery by...

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