280 S.W. 145 | Ky. Ct. App. | 1926
Affirming.
Harrison McDaniel, who owned a farm in Breathitt county, died intestate on February 19, 1921. Claiming the land as the only heir of his son, Arthur McDaniel, the father of Harrison McDaniel, conveyed the land to his son-in-law, Greorge W. Turner, who knew the condition of the title. Thereafter, Evelyn McDaniel, claiming to be the widow, and Elbert McDaniel, Beech McDaniel, Odda McDaniel and Sarah McDaniel, claiming to be the children of Harrison McDaniel, brought this suit against Arthur McDaniel to recover the land. Turner also became a party, and alleged that he had purchased the land and was the owner thereof subject to a life estate in Arthur McDaniel. The defense was that Evelyn *834 McDaniel and Harrison were never married. On final hearing the chancellor adjudged that they had been married, and awarded the land to plaintiffs. Arthur McDaniel and Turner appeal.
It is admitted that a marriage license was issued to Harrison McDaniel and Evelyn McIntosh on March 13, 1901, but, according to the clerk's records, the license was not returned or recorded. It appears, however, that many other marriage certificates in cases where the marriages were actually solemnized were not recorded. It further appears that Harrison and Evelyn left home saying that they were going to marry. Upon their return they stated that they had been married. After that they lived together for many years as husband and wife. During that time she joined in a mortgage and executed two leases as the wife of Harrison McDaniel. She bore his name, her children called him "papa" and also called Arthur McDaniel "grandpa." Harrison and Evelyn were members of the Presbyterian church, and bore a good reputation in the community. Aside from this Evelyn McDaniel deposed that she and Harrison were married in a country store owned by John E. Holcomb in Jackson county by a minister named Billy Robins. Debbie Couch says she was present and saw the marriage performed. On the other hand, a preacher by the name of W.A. Robbins stated that he had no recollection of having performed the ceremony, and would have remembered it if he had performed it. A few witnesses stated that Evelyn's reputation was bad, and Debbie Couch was also impeached. Arthur McDaniel testified that his son only recognized Evelyn's oldest child as his own. There was further evidence that Evelyn admitted to one or two persons that she was not married, and that the marriage was doubted by some of the people in the community.
It is true that under the law of this state there must be a marriage in fact, and that common law marriages are not recognized as valid. However, record evidence is not essential to a valid marriage. It may be proved not only by the record, but by persons who witnessed the ceremony. Also a presumption of marriage may arise from reputation. Thus where the parties have lived together ostensibly as man and wife for a long period of time, and have recognized and treated each other as such, and have been received into society and treated by their friends and relations as having and *835
being entitled to that status, the law, in the interest of morality and decency, will presume that they have been legally married. Indeed, the most usual way of proving marriage except in actions for criminal conversation, and in prosecutions for bigamy, is by general reputation, cohabitation and acknowledgment. Travers v. Reinhardt,
For the reasons given we see no reason to disturb the finding of the chancellor.
Judgment affirmed.