64 Pa. Super. 180 | Pa. Super. Ct. | 1916
Opinion bt
That the appellant was married to Calvin J. Beegle under the belief that' her husband, Charles Efline, had obtained a divorce from her might fairly be concluded from the evidence. She and Beegle appeared before a magistrate in Altoona, where they were living, and were openly and publicly married and thereafter continued to live together in that community. Several children were born to them arid it is sufficiently shown that Beegle recognized the appellant as his wife, and introduced her to his relatives and friends as such. While a valid marriage relation could not be established between them before Efline obtained a divorce the circumstances of the case tend to prove that it was not the appellant’s intention to enter into an illegitimate relation with Beegle. After Efline obtained his divorce in April, 1895, Beegle and the appellant continued to live together as husband and wife; they were so reputed in the places where they lived; other children were born to them; they were visited by Beegle’s kindred; the appellant was introduced
The presumption of the continuance of the former relation of the appellant and Beegle is so strongly rebutted by the facts established by uncontradicted evidence and by the natural probability arising from them that the burden was on the appellee to show that the appellant was not the lawful wife of the decedent.
It is urged, however, that Efline obtained his divorce from the appellant on the ground of adultery with Beegle and that the 9th Section of the Act of March 13, 1815, forbids that she become the wife of the person with whom she has then guilty of the crime .of adultery during the life of Efline. It was found by the auditing judge that there is nothing in the record as offered showing that adulterous relation was proven between the appellant and Beegle in the divorce proceeding. The decree in
The decree is reversed and the account as stated by the auditing judge is confirmed.