Hunter v. Lynn

2 Citing cases

  1. Barnett v. Barnett

    80 So. 2d 626 (Ala. 1955)   Cited 18 times

    There must be words of present assent per verba de praesenti. Hunter v. Lynn, 256 Ala. 501, 55 So.2d 849; 38 C.J. 1328; 35 Am.Jur. 334; Turner v. Turner, 251 Ala. 295, 37 So.2d 186; Prince v. Edwards, 175 Ala. 532, 57 So. 714; Clark v. Glenn, 249 Ala. 342, 31 So.2d 507; Whitworth v. Whitworth, 256 Ala. 296, 54 So.2d 575. A man can have but one lawful wife living, and so long as she remains alive and the marriage bond remains in force all his subsequent marriages are, whether meretricious or not, or founded on mistake, are void. Johnson v. Johnson, 245 Ala. 145, 16 So.2d 401; 55 C.J.S., Marriage, ยง 17, p. 832. Woman's marriage 3 years after disappearance of first husband was invalid if he was then alive, though she heard he was dead. Walker v. Walker, 218 Ala. 16, 117 So. 472; Hill v. Lindsey, 223 Ala. 550, 137 So. 395. Presumption in favor of validity of marriage ceases when proof is made of valid prior marriage of one of the parties.

  2. Hackmeyer v. Hackmeyer

    106 So. 2d 245 (Ala. 1958)   Cited 7 times

    * * *" This principle is quoted in Hunter v. Lynn, 256 Ala. 501, 506, 55 So.2d 849, and in Barnett v. Barnett, 262 Ala. 655, 658, 80 So.2d 626. Upon the principle declared in Hill v. Lindsey, supra, such continued cohabitation at a time when both could contract a legal marriage by common law, Irene and Creecy contracted such marriage which the facts and circumstances together with Irene's testimony show was never dissolved.