Legal Opinion

Womack v. Tankersley

Supreme Court of Virginia

Decided December 13, 1883PublishedCited by 13 opinions

Appeal of William Womack, and William Davis, and Mary L. (formerly Mary L. Womack), liis wife, from decree of circuit court of Halifax county, rendered in November, 1880, in tbe suit of William Tankersley and Martha F. (formerly Martha F. Womack), his wife, complainants, against the appellants. The object of the suit was the partition of a tract of land whereof Charles H. Womack died intestate. Appellants, William.

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Appeal of William Womack, and William Davis, and Mary L. (formerly Mary L. Womack), liis wife, from decree of circuit court of Halifax county, rendered in November, 1880, in tbe suit of William Tankersley and Martha F. (formerly Martha F. Womack), his wife, complainants, against the appellants. The object of the suit was the partition of a tract of land whereof Charles H. Womack died intestate. Appellants, William. Womack and Mary L. Davis, were the children of the intestate by his first marriage. Martha F. Tankersley was the child of the intestate by Martha J. Boothe, and the issue was, were…

1Opinion of the CourtRichardson, J.

The sole question for determination in this case is, whether or not Charles H. Womack, the father of the appellants, William Womack and Mrs. Mary L. Davis, was married to Martha J. Boothe, the mother of the female appellee, Mrs. Martha F. Tankersley.

Marriage is a civil contract, and its existence may be shown like that of any other faet. The production of the marriage registry, or certificate, or of a person present at its celebration, is not absolutely necessary. In a criminal prosecution the acts ahd admissions of the prisoner, coupled with cohabitation and recognition, is sufficient…

2Cases cited1 opinion

  1. Oneale v. CommonwealthSupreme Court of Virginia · 1867

3Cited by13 opinions

  1. Bostic v. RaineyDistrict Court, E.D. Virginia · 2014
  2. Eldred v. EldredSupreme Court of Virginia · 1899
  3. Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
  4. Ollschlager's Estate v. WidmerOregon Supreme Court · 1909
  5. Reynolds v. AdamsSupreme Court of Virginia · 1919

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