Dismuke v. C & S TRUST CO.

This court once again encounters the vexatious doctrine of common law marriage. I concur in the judgment, but write to reiterate an earlier suggestion: that the quantum of evidence sufficient to sustain a finding of common law marriage ought to be enlarged.

There should be, in my opinion, but two instances which enlightened policy can recognize as adequate to carry this burden.

This first is — obviously — proof of a ceremonial mar*528riage in substantial accord with the requirements of statute law.

The second is the birth of a child or children to the parties. [Concurring opinion, Johnson v. Green,…