Legal Opinion

Clayton v. Wardell

New York Supreme Court

Decided January 15, 1849PublishedCited by 8 opinions

This was an appeal by Clayton and wife, from a decree of the surrogate of the city and county of New-York, declaring that Mrs. Clayton was not the legitimate child of George Mes-serve deceased.

1Opinion of the Court

By the Court, Edwards, J.

The question at issue in this case is, whether Catharine Ann Clayton is- the legitimate child of George Messerve deceased.

It appears by the testimony, that on the 3d of July, 1825, a marriage was publicly solemnized between George Messerve and Sarah Maria Youngs; and that Catharine Ann Clayton *215is the issue of that marriage. It is contended, however, on the part of the respondents, that such marriage was illegal, on account of an existing matrimonial connection between the person calling herself Sarah Maria Youngs, and one Richard Schenck. The testimony given on the…

2Cases cited3 opinions

  1. Fenton v. ReedNew York Supreme Court · 1809
  2. People v. HumphreyNew York Supreme Court · 1810
  3. Jackson ex dem. Van Buskirk v. ClawNew York Supreme Court · 1820

3Cited by8 opinions

  1. O'Gara v. . EisenlohrNew York Court of Appeals · 1868
  2. Hull & Argalls v. County of MarshallSupreme Court of Iowa · 1861
  3. Jones v. JonesCourt of Appeals of Maryland · 1878
  4. Jenkins v. JenkinsSupreme Court of Georgia · 1889
  5. Christy v. ClarkeNew York Supreme Court · 1866

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