72 ARTICLE 16.

Though abandonment has not continued for three years, partial divorce may
be decreed where divorce a vinculo is prayed. Wife's continued absence caused
by offensive letters and unwillingness for reunion. Refusal to renew marital
relations. Downs v. Downs, 154 Md. 434.

Divorce a mensa may be granted for abandonment and desertion without
regard to its duration; elements necessary to constitute abandonment are cohab-
itation ended and intention to desert. Alimony; counsel fees. Miller v. Miller,
153 Md. 217.

Decree awarding permanent alimony does not preclude wife from securing
divorce a mensa by subsequent suit where separation of parties has continued.
Injunction against disposing of property. Mann v. Mann, 144 Md. 523.

Common law obligates father to support child during minority, which con-
tinues after divorce unless otherwise decreed. Obligation ceases on death of
father; estate not liable. Powers of court re support of children not broader
than re alimony. Blades v. Szatai, 151 Md. 646. (And see dissenting opinion. )

Separation agreement of husband and wile does not discharge either from
obligation to support child. Court may order who shall have custody of child
and be charged with maintenance. Melson v. Melson, 151 Md. 206.

Cursing and use of vile epithets does not constitute excessively vicious con-
duct or cruelty. McKane v. McKane, 152 Md. 515.

Meaning of "cruelty" under this section; technical word. Adultery. Alimony.
Wendel v. Wendel, 154 Md. 21. And see Proudfoot v. Proudfoot, 154 Md. 586.

Evidence of cruelty sufficient to justify divorce a mensa. Schwab v. Schwab,
144 Md. 49.

40.

See notes to sec. 37.

41.

One who has obtained divorce a mensa on ground of abandonment which was
of character and duration entitling to divorce a vinculo cannot thereafter secure
latter on ground of abandonment. Miller v. Miller, 153 Md. 219.

Dower.

43.

If the land is susceptible of division, widow has right to be assigned her
dower and court cannot make pecuniary allowance in lieu thereof. See notes to
art. 93, sec. 316. Rickwood v. Smith, 146 Md. 190.

Fraudulent Conveyances.
48.

To first note to this section, page 455, vol. 1, of Code, add Lipskey v. Voloshen,
155 Md. 143.

Allegations of bill held sufficient under this section. Object of this section.
Lipskey v. Voloshen, 155 Md. 143.

Inebriates.
52.

Committee for man accused of violating Federal law appointed by consent
under this section. Habeas corpus will not be Issued by Federal court though
person is physically and mentally able to take care of himself and his estate,
and committee should be discharged. Winebrenner v. Besant, 11 Fed. (2nd),
(D. Ct Md. ), 991.

Infants.

59.

As to sales by executors and administrators, see art. 93, sec. 290. et seq. As
to application of purchase money, contingent remainders, apportionments of
rents, etc., see art. 93, sec. 305A, et seq.