The affect of fraud on marriage is discussed in the case of Farley vs. Farley.12 "Complainant consented, in fact became the wife of defendant, though beguiled into the assumption at that time of the status of marriage by misrepresentations of the legality and binding effect of the formal ceremony. The precise question is, when there is an executory agreement to many, with the understanding that the parties were not to become husband and wife without formal solemnization, what is the effect of an intervening ceremony, without license, performed by a person unauthorized, imposed on complainant by false pretenses and representations, but believed by her to be lawful and bona fide? A marriage procured by deception and fraud, except, it may be, of certain kinds and magnitude, is not absolutely void, but only avoidable, and valid for all civil purposes unless and until avoided by the deceived party. The party imposed upon may affirm or ratify the contract of marriage after the discovery of the fraud; and, it has been held that voluntary cohabitation thereafter as husband and wife is a ratification. As under the rule declared in Beggs vs. State, a valid marriage may be contracted without license and solemnization, merely by the consent of the parties, certainly complainant may ratify her consent to an immediate marriage, procured by false representations, and thus, by relation, render the marriage good ab initio. The contract, however, can be avoided only by the party defrauded. 'The doctrine seems to require no qualification, that a voidable marriage is, until the act or sentence transpires which renders it void, as good for every purpose as if it contained no infirmity.' If, in answer to the usual questions, though propounded by a person not authorized to solemnize the marriage, both parties consented to a union, defendant is estopped from asserting that the consent was not mutual, or that he did not consent; he will not be permitted to take advantage of his own wrong and fraud to escape the duties and responsibilities of the marital relation. 'The party who commits a fraud is bound, and remains bound, until the party deceived has made his or her election, and will thereafter be bound or not, according to the election made.' The allegations of the bill, fairly construed, show that complainant elected to treat and recognize the marriage as valid."

10 The best discussion of what degree of physical incapacity will be sufficient grounds for the annuling of a marriage is to be found in the case of Dean vs. Avling, 1 Rob. Ecc. Rep. 279. This case can also be found in Farrar & Dwyer Cases on the Law of Husband and Wife.

111 See Subject of Effect of Drunkenness upon contracts, under the subject of Contracts, Vol. 3, Subj. 6.

12 94 Ala., 501.

Pregnancy before marriage, concealed from the husband, who has not, previous to marriage, sustained improper relations with the wife, is a fraud which is sufficient ground for annulling the marriage, if the discovery of the fact is followed by a cessation of cohabitation, and abandonment.13