Jackson v. Jackson

Citations

• 94 Cal. 446
• 29 P. 957
• 1892 Cal. LEXIS 708

Syllabus

<p>Marriage — Absence of Former Spouse for Five Years — Validity of Second Marriage. — Under section 61 of the Civil Code, a marriage is not void because contracted when one of the spouses had a former husband or wife living, where such former husband or wife has been absent and not known to the other spouse to be living for the space of five years before the subsequent marriage, or is generally reputed and believed to be dead at the time of the contracting of the second marriage, but such subsequent marriage is valid until its nullity is adjudged by a competent tribunal.</p> <p>Id. •— Absence of Wife — Desertion in Foreign Country. — A wife who was residing with her husband in a foreign country, and there deserted him and went to live with her parents, is “absent” from the husband, within the meaning of subdivision 2 of section 61 of the Civil Code, although the husband afterwards came to this country to live, leaving her with her parents in the foreign country.</p> <p>Id. — Action for Annulment of Second Marriage—Cross-complaint— Annulment of Deeds of Settlement — Fraud and Mistake. — In an action by a wife for the annulment of the marriage, upon the ground that at the time it was contracted the husband had another wife living, and that the former marriage had never been dissolved, where the husband seeks in a cross-complaint to have deeds of property executed by him to the wife set aside, on the ground that he was induced to execute and deliver them by fraud and deceit on her part, and by mistake on his part, evidence on the part of the husband tending to show that the deeds were executed at the earnest and repeated request and solicitation of the wife, and that she intended thereby to get all the property in her own name, so that if it should turn out that the former wife was living, she could have her marriage annulled and yet claim and hold the property, and that the husband, honestly believing his former wife to be dead, and having full confidence in the seco