Thelma Agnes Smith v. David Phillip Riley Court of appeals of Tennessee, Eastern section, At Knoxville 2002 Tenn. App. Lexis 65 (2002) Fact: Thelma Agnes Smith, the plaintiff, lived with the defendant out of wedlock for several years. When the relationship ended, Thelma sued the defendant, seeking to enforce two written agreements with him with would regard the sale and assignment of property to her. The trial court enforced the agreements and divided the parties’ property. The defendant appealed, arguing the agreements lacked consideration and were void as against public policy. Issue: Does the Common law marriage exist in this case? Does the plaintiff able to use the bill of sale to get 50 percent of everything? Decision: Judgment affirmed in favor of plaintiff. Reason: They both lived in Florida and were separated from their spouses in 1997 and began a romantic relationship. They then moved to Tennessee in 1998. Smith and Riley opened up a joint checking account in March 1998. Smith would later deposit $9,500 into the account and she also deposited $337 monthly into the account. Riley also deposited $84,000 in the account and also deposited $2,036 monthly. They created a bill of sale together. Riley also assigned to smith a one-half
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