Frank v. Frank

Griffith, J.,

delivered a dissenting opinion.

In Harper v. Fears, 168 Miss. 505, 151 So. 745, 747, 93 A. L. R. 341, where the first husband had been absent from the state and unheard of, after due inquiry, for more than seven years, the court said: “It seems to us that, when the period of absence has existed for seven years, the absent party not being heard from during that time, and the presumption being that he is dead, and the wife having acted upon such presumption in good faith and contracted another marriage, such marriage is legal. To hold otherwise in this case would be to convict five…