Shepard v. Carter

Citations

• 86 Kan. 125
• 119 P. 533
• 1911 Kan. LEXIS 195

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Marriage — Separation—Divorce—Presumptions. Appellant and intestate were married but never lived together. The intestate left the state declaring he would .obtain a divorce, and returned two years later saying one had been obtained. Appellant, acting on the belief that a divorce had been granted, married another, and children were born of this marriage. Later,- intestate obtained a license and formally married another and lived with her about eighteen years and until his death, and eight children were born of that marriage. When he died, appellant, in a partition proceeding, claimed that no divorce had been granted, and no record or documentary proof of the divorce was introduced. Under the facts of the case it is held that it will be presumed that the first marriage was dissolved by a divorce, and that when appellant claimed to inherit land as the surviving widow of intestate it devolved on her to prove that no divorce had been granted.</p>