Lott v. Toomey

The issue in this case is the validity of a common law marriage in light of a previously undissolved ceremonial marriage. This same set of facts has been previously appealed twice to the Court of Civil Appeals. See, Courtaulds NorthAmerica, Inc. v. Lott, 403 So.2d 240 (Ala.Civ.App.), cert.denied, 403 So.2d 244 (Ala. 1981); and Courtaulds NorthAmerica, Inc. v. Lott, 435 So.2d 738 (Ala.Civ.App.), aff'd,435 So.2d 742 (Ala. 1983). Only one party to these prior appeals is a party to the present action. In both prior appeals a judgment supporting the later common law marriage was reversed by the…