Sikes v. Guest

Although I agree that the case should not have been disposed of on summary proceedings, I am unable to accept the rationale upon which the majority opinion is predicated, viz. that the law presumes the validity of a subsequent asserted common-law marriage. Only after the party asserting the same has carried the burden of proving its existence should a putative common-law union be entitled to the presumption accorded a formally licensed or ceremonial marriage. In fact, evidence tending to establish consensual marriag'es should be examined “with increasing caution * * *." McClish v. Rankin,…