BAXTER v. BAXTER

No. 5-2137.

334 S.W.2d 714 (1960)

Dollie BAXTER, Appellant, v. Jenks G. BAXTER, Appellee.

Supreme Court of Arkansas.

May 2, 1960.


Attorney(s) appearing for the Case

Clinton R. Barry, D. L. Grace, Fort Smith, for appellant.

No brief filed for appellee.


GEORGE ROSE SMITH, Justice.

This suit, although in form an adversary proceeding, is in substance an ex parte petition by which the appellant seeks a declaratory judgment finding that her first husband is dead and that her marriage to her second husband, the appellee, is valid. The chancellor refused to grant the requested relief, on the ground that the petitioner had not adduced sufficient proof to give rise to the statutory presumption of death.

The...

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