Casley v. Mitchell
Supreme Court of Iowa
Appeal from Calhoun District Court. — HoN. S. M. Elwood, Judge. The plaintiff alleges that she is a resident of St. Just, in the county of Cornwall, England, and that she was there married to John Qasely in February, 1863; that some years after said marriage her husband deserted her without cause, and removed to the United States, where he assumed the name of John Wallace; that under such assumed name he acquired the title to, and became the owner of, certain real estate in…
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Appeal from Calhoun District Court. — HoN. S. M. Elwood, Judge. The plaintiff alleges that she is a resident of St. Just, in the county of Cornwall, England, and that she was there married to John Qasely in February, 1863; that some years after said marriage her husband deserted her without cause, and removed to the United States, where he assumed the name of John Wallace; that under such assumed name he acquired the title to, and became the owner of, certain real estate in Calhoun county, Iowa, which he afterwards conveyed to the defendant’s grantor; that since such conveyance the said John…
1Opinion of the CourtShekwiN, J.
I. marriage: proof of. The first question for determination, in
the logical order of events, is whether the record shows by competent evidence the marriage of the plaintiff to John Casley, as alleged by her. We are abidingly convinced that it does. Record evidence cf marriage is not necessary, and it may be proved by any kind of evidence, whether direct or circumstantial. State *98v. Williams, 20 Iowa, 98; State v. Wilson, 22 Iowa, 364; 19 Am. & Eng. Ency. Law (2d Ed.) 1197, and <~ases there cite.I. Greenleaf on Evidence (13th Ed.) section461. The testimony of the witness .Nicholas, who married…
2Cases cited13 opinions
- Blackburn v. CrawfordsSupreme Court of the United States · 1866
- Blanchard v. LambertSupreme Court of Iowa · 1876
- Leach v. HallSupreme Court of Iowa · 1895
- State v. WilliamsSupreme Court of Iowa · 1865
- In re Estate of EdwardsSupreme Court of Iowa · 1882
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3Cited by15 opinions
- Turner v. WilliamsMassachusetts Supreme Judicial Court · 1909
- Maier v. BrockSupreme Court of Missouri · 1909
- Smith v. FullerSupreme Court of Iowa · 1908
- Welch v. All PersonsMontana Supreme Court · 1927
- In re Estate ColtonSupreme Court of Iowa · 1906
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