Succession of Taylor
Supreme Court of Louisiana
APPEAL from the Fifth District Court, Parish of Claiborne. MeOlendon, Special Judge. fl. Persons legally married are, until the dissolution of the marriage, incapable of contracting another.
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APPEAL from the Fifth District Court, Parish of Claiborne. MeOlendon, Special Judge. fl. Persons legally married are, until the dissolution of the marriage, incapable of contracting another. C C. 93. % "Where a woman had full knowledge that the man she was marrying had a living wife she cannot claim the benefit of good faith based on the supposition that the man was divorced, especially when she failed to use the means immediately at hand to ascertain the truth. 3. Neither party to a putative marriage being in good faith no civil effects are produced by the marriage. 24 Ann. 485. 4. "When a…
1Opinion of the Court
The opinion of the Court was delivered by
Poché, J.
The issue presented by the pleadings in the case involve-the alleged illegality and nullity of the marriage of the deceased with widow P. J. McFarland, and the alleged illegitimacy of the children; born of that union.
Their claim to participate in the property left by J. C. Taylor is resisted on those grounds by four of the heirs, now of age, issue of his mar - riage with Sarah Castlebury, who is alleged to have been the only lawful wife of J. C. Taylor, who was living and undivoreed from him at the time that he pretended to contract marriage…
2Cited by13 opinions
- Prieto v. Succession of PrietoSupreme Court of Louisiana · 1928
- Miller v. WigginsSupreme Court of Louisiana · 1921
- Succession of ZinselLouisiana Court of Appeal · 1978
- Succession of GabissoSupreme Court of Louisiana · 1907
- Thomas v. ThomasSupreme Court of Louisiana · 1918
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