Luckett

This is an action for the alienation of the affections of Dr. Thomas 0. Luckett, to whom appellant was married in February, 1907. The parties to this marriage lived together up to some time in April, 1926, when they separated and appellant filed a divorce action on the grounds of adultery and habitual intemperance but, after a trial, a decree of divorce was denied each of the parties. Appellant’s points on this appeal are limited to an attack upon the findings of fact.

Appellant contends there is no evidence to sustain the finding that “it is not true that they (appellant and Dr. Luckett) ever since (their marriage) have been and now are husband or wife”. Appellant refers to the allegation upon which this finding is based as being made in the answer, when in fact the finding is to the effect that one of the allegations in the second paragraph of the complaint is not true. Appellant further asserts that this finding is without support in the evidence. Counsel has evidently overlooked the testimony of Dr. Luckett that in 1926 he filed suit for divorce in Texas, after establishing his residence there and his testimony, received without objection: “Q. Then after you secured a divorce…