A Treatise Upon Some of the General Principles of the Law; Whether of a Legal, or of an Equitable Nature

A Treatise Upon Some of the General Principles of the Law; Whether of a Legal, or of an Equitable Nature : Including Their Relations and Application to Actions and Defenses in General: Whether in Courts of Common Law, or Courts Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...64 Ga. 662; Harbeok v. Harbeck, 102 N. Y. 714: Howe's Estate, Myrick's Probate, (Cal.) 100, Hunt's Appeal, 86 Pa. St. 294; I-Wlliams v. lVilliams, 46 Wis. 464; 32 Am. R. 722. It has been held that a marriage in good faith by a person erroneously supposing himself to be divorced is void and cannot be ratified, yet if the parties to the marriage continue to live together after a valid divorce has been procured, the presumption of 8. lawful marriage arises. Teter v. Teter, 88 Ind. 494., Where an actual, ceremonial marriage is shown, it cannot be attacked by proof that the cohabitation of the parties was reputed to be unlawful. Northrup v. Knowles, 52 Conn. 522; 52 _Am. R. 613. See Wiseman v. Wiseman, 89 I11d. 479. Where marriage is attempted to be established by reputation, it is incompetent to disprove the existence of the relation by evidence that the parties were reputed to be unmarried by those who were ignorant of the cohabitation of the parties, and had no occasion to consider the question (See Bartlett v. Mualiner, 28 Hun, 235; Badger v. Badger, 88 N. Y. 546), th0ugh it seems that it may be shown that among friends and acquaintances of the parties, having knowledge of the cohabitation, the connection was reputed to be illicit and not matrimonial. Badger v. Baclger, 88 N. Y. 546. The validity of a marriage contract is to be determined by the law of the state where it was entered into, and if it is valid there it is valid everywhere, unless contrary to the prohibitions of natural law or the express prohibition of a. statute. And where a divorce has been decreed in favor of a wife on the ground of the husband's adultery, and in conformity to the statute, it was provided in the decree that it should not be lawful...show more

Product details

  • Paperback
  • 189 x 246 x 17mm | 562g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236970144
  • 9781236970145