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TATUM v. KELLEY

84-567.

481 So.2d 1132 (1985)

John Albert TATUM and Mary Ida Nichols v. Mary Elizabeth Tatum KELLEY.

Supreme Court of Alabama.

December 20, 1985.

Attorney(s) appearing for the Case

Julian L. McPhillips, Jr., of McPhillips, DeBardelaben & Hawthorne, Montgomery, for appellants.

G. Houston Howard, II, of Howard, Dunn, Howard & Howard, Wetumpka, for appellee.

SHORES, Justice.

On April 2, 1943, Preston Tatum married Lillie Mae Byrd while he was in the Army. Eighteen months later, on October 20, 1944, Preston filed for divorce, alleging that Lillie Mae was guilty of adultery and was pregnant with a child not fathered by him. The complaint stated, in pertinent part:

"Your orator, Preston E. Tatum, respectfully shows unto Your Honor the following statement of facts: ". . . "6. That the defendant...

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