Morrison v. Griffin

TATE, Justice.

The central issue involves whether children, otherwise entitled to be legitimated by the marriage of their parents after their birth, Civil Code Article 198, are nevertheless deprived of this right because of their mother’s prior marriage years earlier to a man who disappeared shortly afterwards.

The district and intermediate courts rejected the claim of the children that they were legitimated by the marriage of their parents. These courts did so, because at the time of their births (some years after the first husband had disappeared) the mother’s prior marriage had not been…