Murchison v. Green
Supreme Court of Georgia
Complaint for land. Before Judge Eelton. Houston superior court. August 16, 1906. Moore, as administrator of. Mary Flournoy, brought his petition .against Green, alleging: Plaintiff is the administrator of the estate of Mary Flournoy, who died in 1903. At the time of her •death Green was living with her, claiming to be her husband, but they were never legally married, for the reason that her fprmer •husband, Flournoy, was, at the date of the marriage, still in life, .and…
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Complaint for land. Before Judge Eelton. Houston superior court. August 16, 1906. Moore, as administrator of. Mary Flournoy, brought his petition .against Green, alleging: Plaintiff is the administrator of the estate of Mary Flournoy, who died in 1903. At the time of her •death Green was living with her, claiming to be her husband, but they were never legally married, for the reason that her fprmer •husband, Flournoy, was, at the date of the marriage, still in life, .and died only a short while before Mary Flournoy died. The heirs at law of Mary Flournoy are her brothers and sisters. Not long…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1, 2. Marriage is favored by the law; concubinage is. odious. When a man and a woman are living together as husband and wife ihe law will hold them to be such, even against strong probabilities ihat they are not. 1 Bish. Mar., Div. & Sep. §77. When a marriage has been regularly solemnized and the parties live together ns man and wife, there is a presumption that the parties had capacity to contract the marriage, and of the existence of all other facts necessary to render the marriage valid; and this presumption prevails until the contrary appears. The burden is upon…
2Cases cited5 opinions
- Johnson v. JohnsonIllinois Supreme Court · 1885
- Town of Greensborough v. Town of UnderhillSupreme Court of Vermont · 1839
- Wilkie v. CollinsMississippi Supreme Court · 1873
- Cash v. CashSupreme Court of Arkansas · 1899
- Parnell v. StateSupreme Court of Georgia · 1906
3Cited by38 opinions
- Jones v. JonesSupreme Court of Florida · 1935
- Reed v. ReedSupreme Court of Georgia · 1947
- Hamilton v. BellSupreme Court of Georgia · 1926
- Brown v. ParksSupreme Court of Georgia · 1931
- Smith v. SmithIdaho Supreme Court · 1919
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