Alabama & Vicksburg Railway Co. v. Beardsley

Citations

• 79 Miss. 417

Syllabus

<p>1. Marriage and Divobce. Presumption of divorce.</p> <p>A divorce from a former wife who is still living- will, in the absence of other evidence, be presumed upon due proof of the husband’s second marriage.</p> <p>2. Same. Burden of proof. Negative fact.</p> <p>A marriage duly proved will be presumed valid, although a former wife of the man may be still living and there be no evidence of a divorce from her, the burden of proof to show the negative fact that there was no divorce being on the party who denies the validity of the second marriage.</p>