In Re Wray's Estate

The finding by the trial court that James Thomas Wray was the father of the plaintiff is in accord with the rules of the early common law and the Lord Mansfield rule, but is contrary to principles of modern law, and to the statutes of Montana as is hereinafter shown.

The rule of the common law of England, was "that if a wife had issue while her husband was within the four seas, that is, within the jurisdiction of the King of England, such issue was conclusively presumed to be legitimate, except on proof of the husband's impotence; and even if he was beyond the four seas he must have been away…