Humphrey v. Humphrey

• Decision Date: 12 September 1974
• Citation: 293 Ala. 118,300 So.2d 376
• Parties: Eunice Townsel HUMPHREY v. Elmus HUMPHREY and Douglas Eugene Humphrey, Individually and as co-executors, etc. SC 789.
• Court: Alabama Supreme Court

Page 376

300 So.2d 376

293 Ala. 118

Eunice Townsel HUMPHREY v. Elmus HUMPHREY and Douglas Eugene Humphrey, Individually and as co-executors, etc.

SC 789.

Supreme Court of Alabama.

Sept. 12, 1974.

Hubert L. Taylor, Gadsden, for appellant.

Keener & Cusimano, Gadsden, for appellees.

JONES, Justice.

This is an appeal from the decree of the Circuit Court of Etowah County granting the relief of complainants-appellees (Elmus and Douglas Eugene Humphrey, the children of the deceased, Roy Humphrey, by a former marriage) by declaring that the defendant-appellant (Eunice Townsel Humphrey) was not the wife of Roy Humphrey at the time of his death, enjoining her from further occupying the residence of the deceased, and finding that the plaintiffs (children) are the heirs at law as well as by the last will and testament of Roy Humphrey.

The issue before us is clearly focused by the opposing contentions of the parties. Appellant, claiming to be the widow of Roy Humphrey, deceased, contends that notwithstanding the divorce between them on July 31, 1973, a common-law marriage was subsequently consummated, and that the parties were man and wife at the time of Humphrey's death on December 21, 1973, thus entitling her to the use and occupancy of the residence. The children of Humphrey contend that the trial Court's decree is supported by competent evidence to the effect that no common-law marriage existed between their father and the appellant at the time of their father's death.

Within the context of our scope of review in such cases the issue can be simply stated: Does the record before us reveal any competent testimony to sustain the trial Court's final decree ¹ finding that no common-law marriage existed between appellant and the deceased at the time of his death? We answer this question in the affirmative. The final decree and judgment of the trial Court are affirmed.

A short recital of the pertinent facts follows: Eunice and Roy Humphrey were divorced on July 31, 1973, and he died on December 21, 1973. During this period they continued to live together (and thus she claims by common law they again legally became man and wife). Though she was observed with Roy in his home on numerous occasions, it was general knowledge in the community that they had been divorced. Eunice told a close friend that they would remarry on Christmas Eve. Eunice bought a new car but had it registered in the name of Eunice W. 'Townsel' rather than 'Humphrey' and at her home address rather than that of Roy's. During that same period she signed a bail bond for the deceased using the same aforementioned name and address.

From these facts, the trial Court's ruling must be affirmed in light of the favorable presumption attending a trial court's findings on competent evidence. Harrison v. Harrison, 279 Ala. 675, 189 So.2d 471 (1966); Johnson v. Godin, 279 Ala. 443, 186 So.2d 722 (1966); Adams Supply Company v. United States Fidelity and Guaranty Co., 269 Ala. 171, 111 So.2d 906 (1959); Richards v. William Beach Hardware Co., 242 Ala. 535, 7 So.2d 492 (1942).

The case of Turner v. Turner, 251 Ala. 295, 37 So.2d 186 (1948), dealing with a strikingly similar fact situation, sets forth the legal proposition dispositive of this appeal.

The couple in...