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MULLINAX v. MULLINAX

No. 4832.

447 S.W.2d 428 (1969)

Jean MULLINAX, Appellant, v. Johnnie L. MULLINAX, Appellee.

Court of Civil Appeals of Texas, Waco.

September 18, 1969.

Attorney(s) appearing for the Case

E. Gerald Sutton, Killeen, for appellant.

Robert O. Harris, Jr., Killeen, Mitchell, Gilbert & McLean, Arthur Mitchell, Austin, for appellee.

OPINION

WILSON, Justice.

Appellant sought a declaratory judgment that she was the widow of deceased, Homer Mullinax, by virtue of a common-law marriage; and that his subsequent ceremonial marriage to appellee was invalid. She asked the court to decide who is the legal widow. In a non-jury trial the court concluded that there was an absence of showing that the first marriage had been dissolved, and applied the presumption of validity of the ceremonial marriage...

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