Martinez v. Martinez

Appellee sued appellant for divorce, alleging a common-law marriage, and for partition of community property. The case was submitted to a jury upon the following special issues:

“(1) Did the plaintiff and defendant,. on or about March, 1912, enter into a mutual agreement that they would, commencing at once, live together for the future as husband and wife?

“(2) Did the plaintiff and defendant thereafter, pursuant to such agreement, if any, live and cohabit together as husband and wife, and hold each other out to the public generally as husband and wife?

“(3) Has the defendant, sinc.e May 15,…