KLINE v. KLINE

Divorce — Abandonment — Offer of Reconciliation — Review on Appeal.

A husband, asserting constructive abandonment by the wife as ground for divorce a mensa et thoro, has the burden of proof.

As a general rule, the chancellor's findings of fact will not be disturbed on appeal, if the evidence was presented in open court, and the conflicting testimony is evenly balanced, or can apparently be unraveled, reconciled, or interpreted only by a visual observation of the persons testifying.

Where the husband, having unjustifiably abandoned his wife, within a week thereafter caused the arrest of her father without apparent justification, and instituted a suit to annul the marriage on the groundless charge that the wife was physically incapable, the wife was not guilty of desertion because she rejected the husband's subsequent offer of reconciliation, especially in view of the wife's charge of impotency on the part of the husband.

Decided January 16th, 1936.

MITCHELL, J., delivered the opinion of the Court.

Unreported cases.