O'Neill v. Davis
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Bvans, Judge; In Missouri, where appellant and O’Neill assumed this relation, common law marriages are valid. 66 Mo. 391; 63 Mo. 501; 103 Mo. 191; Id. 266; 81 Mo. 562; 112 S. W. 282. Valid also in this State. 28 Ark. 19; 82 Ark. 77. There is no presumption of law that relations which were illicit in their beginning continued so after the impediment to marriage was removed, but on the contrary all legal presumptions are in favor of…
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Appeal from Garland Circuit Court; W. H. Bvans, Judge; In Missouri, where appellant and O’Neill assumed this relation, common law marriages are valid. 66 Mo. 391; 63 Mo. 501; 103 Mo. 191; Id. 266; 81 Mo. 562; 112 S. W. 282. Valid also in this State. 28 Ark. 19; 82 Ark. 77. There is no presumption of law that relations which were illicit in their beginning continued so after the impediment to marriage was removed, but on the contrary all legal presumptions are in favor of marriage. 19 Am. & Eng. Enc. of L. (2 Ed.), 1208-9; Id. 1203. The presumption is that appellant and O’Neill remarried after…
1Opinion of the Court
Battue, J-
Annie O’Neill claims to be the widow of John O’Neill, deceased, and that she was entitled to the homestead of which he died seized and possessed, and to dower in his estate. The court, by consent, sitting as a jury, found the facts in the case as follows:
“I. That in the year 1890 John O’Neill was the head of a family, consisting of himself, his wife, Eillie O’Neal, and two girls, all of whom are still living. On or about said time he became acquainted with a girl by the name of Annie Eewis; that from and after said time defendant and the said Annie Eewis have lived and cohabited…
2Cases cited3 opinions
- Jones v. JonesCourt of Appeals of Maryland · 1876
- Ferrall v. . BroadwaySupreme Court of North Carolina · 1886
- Darling v. DentSupreme Court of Arkansas · 1907
3Cited by3 opinions
- Evatt v. MillerSupreme Court of Arkansas · 1914
- Furth v. FurthSupreme Court of Arkansas · 1911
- Martin v. MartinSupreme Court of Arkansas · 1947