Legal Opinion

Offield v. Davis

Supreme Court of Virginia

Decided March 13, 1902PublishedCited by 51 opinions

Appeal from a decree of the Circuit Court of Greene county, pronounced at its June term, 1899, in several chancery suits heard together wherein appellant filed a petition claiming dower.

1Opinion of the CourtCabdwell, J.

The question presented on this appeal, and for the first time to this court, is, whether or not a contract, if proved, entered into between a man and a woman, per verba de presentí, or per verba de futuro cum copula, by which they mutually agreed to become husband and wife, without any celebration and without license, constitutes a valid marriage in this State, and entitles the woman to dower initiate from the time at which the agreement was entered into. In other words, is a common law marriage entered into in this State valid?

The question arises on the petition of Sarah D. Offield,…

2Cases cited7 opinions

  1. Meister v. MooreSupreme Court of the United States · 1878
  2. Hutchins v. KimmellMichigan Supreme Court · 1875
  3. Hesseltine v. McLaughlinWashington Supreme Court · 1892
  4. Beverlin v. BeverlinWest Virginia Supreme Court · 1887
  5. Peet v. PeetMichigan Supreme Court · 1884

2 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. MacDougall v. LevickSupreme Court of Virginia · 2017
  2. Heflinger v. HeflingerSupreme Court of Virginia · 1923
  3. Huard v. McTeighOregon Supreme Court · 1925
  4. Roberts v. RobertsWyoming Supreme Court · 1943
  5. Hoage v. Murch Bros. Const. Co.Court of Appeals for the D.C. Circuit · 1931

46 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API