Bradshaw v. Heath
New York Supreme Court
This was an action of ejectment for doiocr, tried at the Washington circuit in .Tune, 1833, before the Hon. Eseic Cowen, one of the circuit judges. The plaintiff, Mary Bradshaw, proved her marriage with Thomas Bradshaw, in the year 1813, and that her husband died in possession of the farm in which she claimed dower, and which at- the time of the commencement of this suit was possessed by the defendant.
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This was an action of ejectment for doiocr, tried at the Washington circuit in .Tune, 1833, before the Hon. Eseic Cowen, one of the circuit judges. The plaintiff, Mary Bradshaw, proved her marriage with Thomas Bradshaw, in the year 1813, and that her husband died in possession of the farm in which she claimed dower, and which at- the time of the commencement of this suit was possessed by the defendant. The defendant then proved, by the admission of the plaintiff, that in 1784 she was married in the state of Connecticut, where she then resided,to Charles M’Donald, and that the said Charles…
1Opinion of the Court
By the Court,
Savage, J.
The plaintiff claims as the widow of Bradshaw. Having been previously married to Dr. M’Donald, who is still living, she could not have been the lawful wife of Bradshaw, unless, before her marriage with him, she had been legally divorced from M’Donald. Whether she was so divorced, is the main question in the cause. To prove the divorce, she produces a record of the superior court of Connecticut, and by it the proceeding appears to have been entirely ex parte. It is not alleged in the record that notice was given to the husband, nor is there any appearance by him. The…
2Cases cited6 opinions
- Mills v. DuryeeSupreme Court of the United States · 1813
- Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
- Shumway v. StillmanNew York Supreme Court · 1831
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Hopkins v. HopkinsMassachusetts Supreme Judicial Court · 1807
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3Cited by30 opinions
- Haddock v. HaddockSupreme Court of the United States · 1906
- The People v. . BakerNew York Court of Appeals · 1879
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Cook v. CookWisconsin Supreme Court · 1882
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