Layton v. Layton

Plaintiff instituted this action for annulment alleging that at the time of his marriage to defendant there was another marriage of defendant in full force and effect and that defendant’s husband by such previous marriage was living.

Plaintiff and defendant were married on September 29, 1928. Two children were born of the marriage, one in August, 1930, and another in May, 1938, both of whom are living. A little more than two years prior to the marriage here sought to be annulled defendant had been previously married, namely on August 9, 1926. No proof was offered that defendant’s first husband…