Shank v. Wilson

Citations

• 33 Wash. 612
• 74 P. 812
• 1903 Wash. LEXIS 561

Syllabus

<p>Marriage—Presumed from Conduct. In states where the common law marriage is not recognized, proof of the continued cohabitation of a man and woman, holding themselves out to be husband and wife, raises a presumption of a previous legal marriage.</p> <p>Same—Rebuttal—Subsequent Ceremony. The presumption of an earlier marriage from cohabitation and assertion in several states for many years, is not rebutted by proof of a recent ceremonial marriage between the same parties.</p> <p>Same—Estoppel. A widow is not estopped from claiming such earlier marriage by the record in probate procedihgs upon her husband’s estate showing only the recent ceremonial marriage, and decreeing the marriage between the parties to be of that date.</p> <p>Appeal—Review—Harmless Error. Error in the admission of improper testimony is harmless in an equity case tried de novo on appeal.</p>