74 So. 138 | Miss. | 1916
delivered the opinion of the court.
Marriage is not only a contract between the parties affecting their personal rights, but is a legal status affecting materially the public; and the public as well as the parties have an interest in the marriage status. And
“Where it is sought to annul a marriage contract on the ground of duress, it must be shown by clear, satisfactory, and convincing- evidence that the duress dominated throughout the transaction so as to disable the one influenced from acting as a free agent at the time of the marriage.” Beeks v. Beeks, 66 Fla. 256, 63 So. 444.
In the instant case it is sought to annul the marriage and make it void from the beginning, the effect of which will be, if permitted, to render the child born a bastard and to place upon the woman in the case the stigma of impurity; and it is a familiar rule of law that, where a situation arises under which one person will suffer wrong and injury because of the situation, the law will favor the one who is not responsible for the situation, if that be reasonably possible under the circumstances. In the present case the proof for the complainant, if taken alone, is far from being satisfactory and convincing. It appears that the marriage, or so-called marriage, was solemnized in 1903, and the bill was not filed until some twelve or .thirteen years thereafter. Under the appellee’s testimony, he lived for some years in the town where the relatives lived, separate from the woman, without any effort being made to molest him. The courts were open during all this time to the annullment if the marriage was brought about by duress. We find from the letters in the record that he had solicited Mrs. Main to procure a divorce at his expense on any ground which she.-might choose as a ground for divorce and he would pay the expense of this procurement. It appears from the appellant’s testimony (which is not disputed by the appellee, though he testified) that he had written her a letter soliciting her to come to Natchez and live with him as his wife, which she refused
There being a cross-hill praying for alimony pendete lite and permanent alimony, and there being no evidence in the record as to a reasonable attorney’s fee, we think that the decree of the chancellor should be reversed, the bill of complaint dismissed, and the cause remanded, with directions of the court below to make such allowance for alimony and attorney’s fee as may be proper.
Reversed and remanded.