Hunter v. Lynn

2 Citing cases

  1. Huffmaster v. Huffmaster

    188 So. 2d 552 (Ala. 1966)   Cited 11 times
    In Huffmaster v. Huffmaster, 279 Ala. 594, 188 So.2d 552 (1966), for example, the court recognized a common law marriage where the parties lived together continuously for over twenty years, purchased property as husband and wife, obtained a life insurance policy as a married couple and filed joint income tax returns.

    "The mere fact that the parties could not get together on the time when and the place where they were to have another ceremonial marriage is not sufficient to overcome the presumption of the common-law marriage and the evidence which we think tends to show that they had an actual and mutual agreement to enter into a matrimonial relation, permanent and exclusive of all others, which was consummated by their cohabitation as man and wife and by their mutual assumption openly of marital duties and obligations. See Beggs v. State, 55 Ala. 108; Tartt v. Negus, 127 Ala. 301, 28 So. 713; White v. Hill, 176 Ala. 480, 58 So. 444; Hunter v. Lynn, supra [ 256 Ala. 501, 55 So.2d 849]; Barnett v. Barnett, supra [ 262 Ala. 655, 80 So.2d 626]."

  2. Lindsey v. Lindsey

    266 So. 2d 298 (Ala. Civ. App. 1972)   Cited 5 times

    Freed v. Sallade, 245 Ala. 508, 17 So.2d 868; Jordon v. Copeland, 272 Ala. 336, 131 So.2d 696; James v. James, 260 Ala. 511, 71 So.2d 62. The necessary proof to attack the validity of a second marriage on the ground of a prior existing marriage undissolved by death or divorce is met when a search of the records of the counties wherein the parties lived to show no divorce, and the other spouse is proved to be living. Whitman v. Whitman, 255 Ala. 313, 51 So.2d 239; Freed v. Sallade, Supra; Hunter v. Lynn, 256 Ala. 501, 55 So.2d 849; Dorsey v. Dorsey, 256 Ala. 137, 53 So.2d 601. Phillips Watson, Anniston, for appellee.