Lofton v. Est. of Weaver, 611 So. 2d 335 (Ala. 1992). · Go Syfert
Lofton v. Est. of Weaver, 611 So. 2d 335 (Ala. 1992). Cases Citing This Book View Copy Cite
34 citation events (30 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Cited for
At page 336 Establishing common law marriage evidence and judgment review10 citing casesproviding that, under Alabama law, a party seeking to prove a common law marriage must establish her claim by clear and convincing evidence1 citing court put it this way
  • McMullins v. McMullins, 202 So. 3d 332 (Ala. Civ. App. 2016).published 2 cites
    The trial court’s judgment must be viewed in light of all the evidence and all logical inferences therefrom, and it “will be affirmed if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment.” Ad…
  • D.W. v. J.W.B., 230 So. 3d 763 (Ala. Civ. App. 2015).published
    Lofton v. Estate of Weaver, 611 So.2d 335, 336 (Ala.1992).
  • Watkins v. Watkins, 190 So. 3d 925 (Ala. Civ. App. 2015).published
    The trial court’s judgment must be viewed in light of all the evidence and all logical inferences therefrom, and it “will be affirmed if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment.” Ad…
  • Moore v. Metro. Life Ins., 949 F. Supp. 2d 1201 (M.D. Ala. 2013).published
    Lofton v. Estate of Weaver, 611 So.2d 335, 336 (Ala.1992).
  • Dyess v. Dyess, 94 So. 3d 384 (Ala. Civ. App. 2012).published 2 cites
    The trial court’s judgment must be viewed in light of all the evidence and all logical inferences therefrom, and it ‘will be affirmed if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment.’ Ad…
  • Melton v. Jenkins, 92 So. 3d 105 (Ala. Civ. App. 2012).published
    The Alabama Supreme Court stated in Lofton v. Estate of Weaver, 611 So.2d 335, 336 (Ala.1992): “ ‘Courts of this state closely scrutinize claims of common law marriage and require clear and convincing proof thereof.’ Baker v. Townsend, 484…
  • Reese v. Holston, 67 So. 3d 109 (Ala. Civ. App. 2011).published 2 cites
    The Alabama Supreme Court stated in Lofton v. Estate of Weaver, 611 So.2d 335, 336 (Ala.1992): “‘Courts of this state closely scrutinize claims of common law marriage and require clear and convincing proof thereof.’ Baker v. Townsend, 484…
  • Stringer v. Stringer, 689 So. 2d 194 (Ala. Civ. App. 1997).published
    The trial court's judgment must be viewed in light of all the evidence and all logical inferences therefrom, and it `will be affirmed if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment.' Ad…
  • Christie Miller v. Off. of Pers. Mgmt., No. AT-0831-18-0483-I-1 (MSPB Feb. 16, 2024).unpublished
    (providing that, under Alabama law, a party seeking to prove a common law marriage must establish her claim by clear and convincing evidence)
  • Loder v. McKinney, 896 F. Supp. 2d 1116 (M.D. Ala. 2012).published
    See, e.g., Lofton v. Estate of Weaver, 611 So.2d 335, 336 (Ala.1992).
q1 “a trial judge's findings of facts based on ore tenus evidence are presumed correct, and a judgment based on those findings will not be reversed unless they are found to be plainly and palpably wrong.”2 citing cases2 citing courts quote it · 1 listed here
Other citing cases4 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Nancy Lofton
v.
the Estate of Walter Weaver
1911226.
Supreme Court of Alabama.
Dec 11, 1992.
Published opinion
611 So. 2d 335
1992 Ala. LEXIS 1572
1992 WL 362045
Wesley H. Blacksher, Mobile, for appellant. Andrew M. Jones of Seale, Marsal Seale, Mobile, for appellee.
Shores.
Cited by 22 opinions  |  Published

Nancy Lofton appeals from an order of the Mobile County Probate Court holding that her proof was insufficient to support the finding of a common law marriage between her and the late Walter Weaver. Because we must presume that the trial judge's findings of fact are correct, we affirm the judgment of the trial court.

The Mobile County Probate Court granted letters of administration on Weaver's estate to Nancy Lofton. One of Weaver's daughters filed two petitions as heir of Weaver; one petition requested revocation of the letters of administration granted to Lofton and the other requested that letters of administration be issued to the daughter. The probate court did not rule on either petition.

Lofton, as administratrix of Weaver's estate and claiming to be Weaver's common law wife, subsequently filed a motion to determine heirship. After hearing conflicting ore tenus evidence from both sides as to the facts of Lofton's six-year relationship with Weaver, the trial court held that Lofton had not presented clear and convincing proof that their relationship met the requirements for a common law marriage in Alabama.1

"Courts of this state closely scrutinize claims of common law marriage and require clear and convincing proof thereof."Baker v. Townsend, 484 So.2d 1097, 1098 (Ala.Civ.App. 1986), citing Walton v. Walton, 409 So.2d 858 (Ala.Civ.App. 1982). A trial judge's findings of facts based on ore tenus evidence are presumed correct, and a judgment based on those findings will not be reversed unless they are found to be plainly and palpably wrong. Copeland v. Richardson, 551 So.2d 353, 354 (Ala. 1989). The trial court's judgment must be viewed in light of all the evidence and all logical inferences therefrom, and it "will be affirmed if, under any reasonable aspect of the testimony, there is credible evidence to support the judgment."Adams v. Boan, 559 So.2d 1084, 1086 (Ala. 1990) (citation omitted).

The evidence was disputed. We cannot say that the probate judge erred in finding that there had been no common law marriage between Lofton and Weaver. That finding was supported by credible evidence.

AFFIRMED.

HORNSBY, C.J., and MADDOX, HOUSTON and KENNEDY, JJ., concur.

1 Adams v. Boan, 559 So.2d 1084, 1086 (Ala. 1990), and Copelandv. Richardson, 551 So.2d 353, 354 (Ala. 1989), set forth the elements required for a common law marriage in Alabama.