Badger v. . Badger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 13, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought for admeasurement of dower. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 13, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought for admeasurement of dower. The material facts are stated in the opinion. The proof of acknowledgment of marriage, matrimonial cohabitation, habit and repute was so clear and for so long a period as to establish the marriage, and the burden of disproving it was upon defendants. (Hynes v. McDermot, 82 N. Y. 46;…
1Opinion of the CourtFinch, J.
The plaintiff claims dower in the lands of Jacob Badger, deceased, whom she alleges to have been her husband. The defendants deny the marriage, and so raise an issue of fact which forms the vital point of the controversy. Ho formal or ceremonial marriage is proven, nor any express agreement between the parties constituting such relation. The proof offered is that of cohabitation continued for a long period of time, and characterized by general repute, and by conduct and conversation indicating, as is claimed, an intercourse rather matrimonial than meretricious. It is not our duty to solve the…
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