Rundle v. Pegram

Citations

• 49 Miss. 751

Syllabus

<p>1. MáSeia&e — Its Requisites. — It is well settled law in this átaté that mafriagfi is a contract, and must he entered into hy parties competent to Contract,. Carson V. Carson, 40 Miss., 340. Being a civil conti'act, if it ho entered into with all the eómmon laW requisites, but without the forms prescribed by the Statute, it Will be Valid. íhe Statute does- not denounce a marriage invalid celebrated otherwise than as it directs. liargrove v. Tnompsou, 31 Miss., 211. There must be mutual Consent, and this must be actual and bona fid®. Smith V. Smith, 47 Miss., 215.</p> <p>2. Samíé — Üeeect otf § 22, AttT. 12 of the Constitution. — This section does not impose marriage upon any except those who were willing and consenting to and actually Cohabiting in the relation of husband and wife, and accepting and recoge ttiziag each other aS hUBband and wife, it did not intend to sanctify the marital relation between a rtan and womata because they were cohabiting together as husband and wife, although such living together may have eitendod through many years, and although it may have beón public and notorious, unless tile parties in* tended, and In some mode distinct and Cognizable, accepted the constitution aslegalising the relation. To change an adulterous intercourse into the state of matrimony requires something more, to give expression of the acceptance and consent to the new state, than the mere continuance of the intercourse, after all .the difficulties in the way of mafriage are removed,</p>