Compton v. Davis Oil Co.
607 F. Supp. 1221, 20 Fed. R. Serv. 587, 1985 U.S. Dist. LEXIS 20337 (1985)
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Rule of Law:
A strong, rebuttable presumption of validity attaches to a second marriage, increasing in strength with the passage of time, which can only be overcome by clear and convincing evidence that neither party to the initial marriage obtained a divorce. Additionally, a common-law marriage validly established under the laws of one jurisdiction will be recognized by another jurisdiction.
Facts:
- Nettie M. Schofield was ceremonially married to Reverend Lewis Blanchard Johnson in 1900, at age 13, and gave birth to their only child, Lyle B. Johnson, in 1901.
- Between 1901 and 1908, Reverend L.B. Johnson left Nettie and Lyle, and he subsequently remarried Doris Margaret Hamilton in 1908, with whom he had six children.
- Nettie met Dave Lewis, a World War I veteran and former Navy wrestler known as 'Sailor Jack,' between 1927 and 1929 while working as a waitress.
- Between 1929 and 1935, Dave Lewis and Nettie Lewis traveled throughout the United States together, holding themselves out as husband and wife and being generally reputed to be married, including sharing an apartment in Austin, Texas in 1933 or 1934.
- Dave Lewis and Nettie Lewis executed two warranty deeds in 1929 and 1930, identifying themselves as 'Dave Lewis & (Mrs. Nettie Lewis) his wife, grantor' and 'Dave Lewis and Nettie Lewis, husband and wife, grantors,' respectively, to convey property and release homestead rights.
- Dave Lewis died intestate from a heart attack on February 26, 1935, in Kalispell, Montana, owning a fee simple interest in a mineral estate in Wyoming, and his death certificate, witnessed by his brother Lonnie Lewis, stated he was married.
- Nettie Lewis was appointed administratrix of Dave Lewis's estate in Crosby County, Texas, in 1935, and subsequently exercised sole and exclusive dominion and control over the mineral estate, including issuing oil and gas leases, without objection from the Lewis heirs.
- Nettie Lewis died testate in 1961, devising the mineral estate solely to her son, Lyle B. Johnson, who upon his death in 1967, devised it to his granddaughters, Sandra Jo Pierson and Pamela Rae Pierson, and his daughter, Betty Lou Compton (the plaintiff).
Procedural Posture:
- Nettie Lewis filed an application for probate proceedings for Dave Lewis’ Estate in the County Court of Crosby County, Texas, on June 11, 1935.
- Nettie Lewis was appointed administratrix of Dave Lewis's estate, and letters of administration were issued to her on June 26, 1935.
- Lonnie Lewis, Dave Lewis's brother, made an application for final settlement of the estate on December 1, 1954, and the estate was closed on February 28, 1955.
- Lyle B. Johnson's daughter, Betty Lou Compton, commenced probate proceedings for Lyle Johnson's will on February 22, 1968, in Illinois, which was handled through summary proceedings.
- On May 15, 1972, approximately 11 years after Nettie Lewis’ death and 37 years after Dave Lewis’ death, Ann Chote, a Lewis heir, executed and filed an heirship affidavit stating Dave Lewis was never married and that Nettie Lewis was not his wife.
- Commencing in February 1972, the Lewis heirs began executing oil and gas leases upon the mineral estate, leading to competing claims.
- This matter came before the United States District Court for the District of Wyoming as a quiet title action.
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Issue:
Was Nettie Schofield Lewis lawfully married to Dave Lewis at the time of his death, thereby making her the rightful heir to his mineral estate under Wyoming's intestate succession laws?
Opinions:
Majority - Brimmer, District Judge
Yes, Nettie Schofield Lewis was lawfully married to Dave Lewis at the time of his death, thus establishing her as the rightful heir to his mineral estate, which subsequently passed to the plaintiff. The court first recognized a strong, rebuttable presumption of validity for a second marriage once its existence is established, which can only be overcome by clear and convincing evidence that neither party to the initial marriage obtained a divorce. This presumption strengthens over time. Since L.B. Johnson remarried in 1908 and had children, it is presumed that his prior marriage to Nettie was dissolved, removing any impediment to Nettie's marriage to Dave. Second, direct and reliable evidence, including recitals in two warranty deeds from 1929 and 1930 where Dave and Nettie identified themselves as 'husband and wife,' and Dave's 1935 death certificate listing him as married, established their marriage. These ancient documents and records affecting property interests are highly reliable forms of evidence under Federal Rules of Evidence 803(14), (15), and (16), due to their contemporaneous nature and the inherent reliability of carefully planned transactions. Third, even in the absence of a ceremonial marriage, the evidence proved a common-law marriage under Texas law. The couple cohabitated in Austin, Texas, and continually held themselves out as husband and wife, meeting the Texas elements for common-law marriage (agreement, cohabitation, and holding out). Wyoming recognizes common-law marriages validly established in other jurisdictions. The defendants' oral testimony, based on distant memories and 'common knowledge' of no divorce, was deemed inadequate to overcome the compelling documentary proof and strong legal presumptions, especially given their 37-year delay in challenging Nettie's claims. Finally, under Wyoming's intestate succession laws at the time of Dave's death, his entire estate, valued under $20,000, passed solely to Nettie Lewis, as his surviving wife and without children or descendants of children.
Analysis:
This case significantly reinforces the strong presumption of validity accorded to subsequent marriages, placing a heavy burden of proof (clear and convincing evidence) on those challenging its legitimacy, particularly after a long period. It underscores the reliability and evidentiary weight of 'ancient documents' and public records in proving marital status and property interests when direct testimony is unavailable or unreliable due to the passage of time. Furthermore, the ruling illustrates the principle of comity, where states like Wyoming will recognize common-law marriages validly established in other jurisdictions like Texas, impacting inheritance rights across state lines. The case also serves as a warning against undue delay in asserting legal claims, as the lapse of time can severely prejudice a party's ability to present convincing evidence.
