Markley v. Hudson

In the trial court, the following interrogatory, among others, was submitted to the jury: “Did William T. Markley and Eleanor Hudson Markley enter into a mutual contract of present marriage accompanied and followed by cohabitation as husband and wife, they being so treated and reputed in the community and circle in which they lived?”

This interrogatory was answered in the affirmative. It follows, of course, that if there was probative evidence m the record to sustain this verdict of the jury, the Court of Appeals erred in reversing the judgment of the Probate Court and in rendering final…