TANIS v. TANIS

1. It is a well settled law that it is not necessary to prove that a defendant was seen in the act of adultery in order to justify a decree. If it be proven that the defendant and the alleged paramour were amorously inclined towards each other and disposed to commit the crime charged, a showing that they had an opportunity to gratify their desire under circumstances which indicated that they then committed the crime charged, will support a decree of divorce.

2. The facts proven in this case show the guilt of the defendant beyond any reasonable doubt. They are wholly inconsistent with her innocence, for there was constant intimate association between the defendant and co-respondent, their association was open and brazen and the evidence sufficiently shows a guilty inclination and ample opportunity to perform the guilty act.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons stated in the opinion filed in the court of chancery by Advisory Master Moore. For affirmance — THE CHANCELLOR, TRENCHARD, PARKER, LLOYD, CASE, BODINE, DONGES, BROGAN, HEHER, KAYS, HETFIELD, WELLS, KERNEY, JJ. 13.

For reversal — None.