Sims v. Sims

Citations

• 122 Miss. 745
• 85 So. 73

Syllabus

<p>1. Makkiage. In suit to annul defendant wife not entitled to temporary alimony unless marriage prima facie valid.</p> <p>In a suit by the husband to annul an alleged void marriage, the wife is not entitled to temporary alimony unless it appears at least prima facie that the marriage is valid.</p> <p>2. Marriage. Validity of “common-law marriage” is recognized by statute.</p> <p>Under section 3249, Code 1906 (Hemingway’s Code, section 2556), which provides that a license'shall be essential to the validity of a marriage, but that the section shall not be construed so as to invalidate any marriage that is good at common law, a marriage results from an agreement between a man and woman, qualified for entry into such relation, to become husband and wife, followed by cohabitation, although no license was obtained therefor.</p> <p>3. Marriage. Void marriage contracted in good faith becomes valid 'on removal of impediment; new agreement not necessary.</p> <p>Where a marriage between a man and woman contracted in good faith is void because of an impediment thereto, they become husband and wife if after the removal of the impediment they continue to occupy that relation in fact, although a new marriage agreement was not made by them after the removal of the impediment. And such persons must be deemed husband and wife in this state although the void marriage occurred in another state, provided that after the removal of the impediment they take up their permanent residence in this state and continue to live together openly as husband and wife; such conduct towards each other, taken in connection with their former association, being equivalent in law to a declaration by each of them that they did and were thereafter to occupy the relation of husband and wife.</p>