McGaugh v. Mathis
Supreme Court of Arkansas
Appeal from Benton -Circuit Court; J. 8. Maples, Judge; reversed in part, 1. The evidence is insufficient to show that appellee was lawfully married to the intestate. There is no proof as to the official character of the Missouri justice. 99 Arle. 147; 9 E. C. L. 568. The burden was on appellee to prove a valid marriage.
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Appeal from Benton -Circuit Court; J. 8. Maples, Judge; reversed in part, 1. The evidence is insufficient to show that appellee was lawfully married to the intestate. There is no proof as to the official character of the Missouri justice. 99 Arle. 147; 9 E. C. L. 568. The burden was on appellee to prove a valid marriage. But if so, the marriage was rendered void by proof of a former marriage. 67 Ark. 278; 54 S. W. 744. In the 'absence of proof the law of Texas as to marriage is presumed to be the same as the law of Arkansas. 70 Ark. 17; 65 S. W. 143. See also, 16 L. R. A. (N. S.) 98. 2. It…
1Opinion of the CourtHumphreys, J.
Appellee filed a petition in the probate court of Benton County, Arkansas, for the allotment of dower in the personal property and real estate of R. J. Mathis, deceased, described in the inventory of the administrator; and for a homestead right in lot 1, block 3, original town of Gentry, Arkansas, alleging that she is the widow of R. J. Mathis, deceased, and that her husband died intestate on the 24th day of January, 1916; that W. S. McGaugh was appointed administrator of the estate and entered upon his duties on February 3, 1916.
Lucinda Mathis was permitted to file an intervention alleging…
2Cases cited6 opinions
- Estes v. MerrillSupreme Court of Arkansas · 1915
- Johnston v. TurnerSupreme Court of Arkansas · 1874
- Trotter v. TrotterSupreme Court of Arkansas · 1876
- Ward v. MayfieldSupreme Court of Arkansas · 1883
- Hilliard v. HilliardSupreme Court of Arkansas · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Welch v. All PersonsMontana Supreme Court · 1927
- Lathan v. LathanSupreme Court of Arkansas · 1928
- Cruz Quiñones v. RamosSupreme Court of Puerto Rico · 1949
- Royal v. Mosaic Templars of AmericaSupreme Court of Arkansas · 1920
- Cruz Quiñones v. RamosSupreme Court of Puerto Rico · 1949