Tracy v. Frey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Barbara Frey, individually, and as executrix, etc., of Francis Frey, deceased, and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of June, 190-2, upon the decision of the court rendered after a trial at the New York Special Term.
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Appeal by the defendants, Barbara Frey, individually, and as executrix, etc., of Francis Frey, deceased, and others, from an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 13th day of June, 190-2, upon the decision of the court rendered after a trial at the New York Special Term. This action was commenced-to redeem the premises known as No. 154 East Eighty-first street in the city of Hew York from the lien of a mortgage which had been foreclosed thereon and the property sold thereunder by virtue of a judgment of foreclosure and…
1Opinion of the Court
Hatch, J.:
Before considering the evidence which has been given in this case, and upon which the learned court below founded its-judgment, it is well to consider the rules of law which have been asserted by an almost unbroken line of decisions from very early times to the present, and which have been uniformly applied in making dis*583position of questions similar to the main one presented by this appeal. In the absence of proof, the' presumption is- of marriage arising out of cohabitation in the apparent relation of husband and wife, of the innocent and lawful character of such relationship and…
2Cases cited9 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Gall v. . GallNew York Court of Appeals · 1889
- Fenton v. ReedNew York Supreme Court · 1809
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- Badger v. . BadgerNew York Court of Appeals · 1882
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- In re the Estate of CallahanNew York Surrogate's Court · 1931
- In re the Estate of SmithNew York Surrogate's Court · 1930
- In re LentzAppellate Division of the Supreme Court of the State of New York · 1935
- In re the Estate of ErlangerNew York Surrogate's Court · 1932
- Leeds v. JoyceAppellate Division of the Supreme Court of the State of New York · 1922
21 more not listed; retrieve them via the Exa API.