Luther v. Luther

Hatcher, Judge:

The infant plaintiff was born out of lawful wedlock. The subject of this review is her legitimacy under Code, 42-1-7, which provides: “The issue of marriages deemed null in law * * * shall nevertheless be legitimate.”

Plaintiff is the child of Cedrón Bowen, a resident of this state, who testified as follows: In the spring of 1930, she, an adult domestic, 'consented to marry R. L. Luther. He then gave her a wedding ring, saying that since they loved each other, they would need no preacher, but would simply rent rooms and live together as husband and wife. She demurred at first,…