Sloan v. West

Citations

• 50 Wash. 86
• 17 L.R.A.N.S. 960
• 96 P. 684
• 1908 Wash. LEXIS 671

Syllabus

<p>Marriage — Evidence—Sufficiency — Presumptions. The uneontradicted testimony of both parties that they were married by a minister authorized by law to solemnize marriage and that they lived together as husband and wife for some years, is sufficient to establish the validity of a marriage, even although there was to be overcome the presumption arising from a second marriage by the husband without having obtained a divorce; and it is not necessary to show the publication of banns, license, or qualifications of the minister, all of which will be presumed until the contrary appears.</p> <p>Same — Estoppel. One who has unlawfully contracted a second marriage while his first wife is living is not estopped to deny his second marriage, as against the administrators of the second woman’s estate and her heirs, upon final distribution of the estate, although he joined in the petition for administration, describing the deceased as his wife.</p> <p>Husband and Wife — Community Property — Lawful Marriage. There can be no community property without lawful marriage; hence where a woman contracted marriage with a man knowing that he had a wife living, and they agreed to keep their property separate in view of such relation, her heirs by a former husband are not entitled to inherit from her, as community property, any property acquired by the husband.</p> <p>Witnesses — Transaction With Deceased. The son of one of the parties is not incompetent to testify as to conversations had with the deceased, since a prospective heir is not a party in interest.</p>