Nature of the Case
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Facts
Harold, was the husband of Elizabeth. They had a daughter named Elizabeth Wismer, appellant, in 1938. Beginning in 1944, Harold cohabitated with Mildred Moyer, respondent. That cohabitation lasted until the deal of Harold in 1968. On May 8, 1962, Harold and Elizabeth were divorced. When Harold got the divorce decree, he showed it to Mildred and proclaimed that now they were married. Harold began to wear a wedding ring, they used the same last names, they took out life insurance policies naming each other as spouse beneficiaries. They also had the reputation in their community as being married. The trial court found them married and Elizabeth appealed.
Holding and Decision
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Legal Analysis
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