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SHELTON v. BELKNAP

No. A-5171.

282 S.W.2d 682 (1955)

Coyzet SHELTON, Petitioner, v. D. R. BELKNAP et al., Respondents.

Supreme Court of Texas.

Rehearing Denied October 5, 1955.

Further Rehearing Denied November 2, 1955.

Attorney(s) appearing for the Case

Eastman & Williams, Houston, Frank M. Rosson, San Antonio, for petitioner.

Morriss, Morriss, Boatwright & Lewis, Carl Wright Johnson and Edward P. Fahey, San Antonio, for respondents.

CALVERT, Justice.

Petitioner, alleging herself to be the surviving wife of M. A. Shelton, deceased, sued respondents for damages for his wrongful death under Article 4671, Vernon's Annotated Texas Civil Statutes. Respondents, by sworn pleadings, challenged petitioner's right to maintain the suit, contending that she and the deceased were never legally married. Admittedly there was no ceremonial marriage between the parties and issue was joined on the existence of...

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