Davis v. Davis

WARREN, J.,

This is a petition for reconsideration of Davis v. Davis, 55 Or App 982, 640 P2d 692 (1982), in which we upheld the validity of the marriage between appellant and her deceased husband against a challenge that he was still married to his first wife at the time of the marriage in question. We applied the rule developed in In Re Estate of De Force, 119 Or 556, 249 P 632 (1926), and subsequent cases, and held that the challenger to the marriage had failed to prove one of the four elements of his prima facie case: that the parties to the earlier marriage had been eligible to contract…