Darling v. Dent
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; H. N. Hutton, Judge; 1. Marriage is a civil contract, the validity of which depends, not on forms, ceremonies or witnesses, but upon the consent of competent parties only.
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Appeal from Woodruff Circuit Court; H. N. Hutton, Judge; 1. Marriage is a civil contract, the validity of which depends, not on forms, ceremonies or witnesses, but upon the consent of competent parties only. Kirby’s Digest, § 5x71; 3 Greenleaf on Ev. § 460; 1 Bishop on Mar. & Div. § § 435, 449; 96" U. S. 82. Where parties have lived together as husband and wife, acknowledging themselves to be such, and reputed to be such among their relatives and friends, the law will presume, in the absence of other evidence, that they have been legally married. 19 Am. & Eng. Enc. of Law (2 Ed.), 1204-5; 5*5…
1Opinion of the CourtMcCulloch, J.
This is an action to recover a tract of land in Woodruff County, and the sole issue in this case is whether or not the plaintiffs are the legitimate children and heirs at law of Henry Darling; the legality of the marriage between their parents being disputed by the defendants. The jury found for the defendants on this issue, and the plaintiffs appealed.
Sallie Blackwood, the mother of the plaintiffs (who married again since the death of Darling), first intermarried with one Williams in Woodruff County, and afterwards they separated, and she went to Texas with Darling. Williams went to Texas…
2Cases cited6 opinions
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Ingersol v. McWillieCourt of Appeals of Texas · 1895
- Fletcher v. EagleSupreme Court of Arkansas · 1905
- Burks v. StateCourt of Criminal Appeals of Texas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Matter of Ziegler v. . Cassidy's SonsNew York Court of Appeals · 1917
- In Re Love's EstateSupreme Court of Oklahoma · 1914
- Evatt v. MillerSupreme Court of Arkansas · 1914
- Henderson v. HendersonCourt of Appeals of Maryland · 1952
- Estes v. MerrillSupreme Court of Arkansas · 1915
12 more not listed; retrieve them via the Exa API.