Jackson, ex rel. Dies v. Winne
New York Supreme Court
This was an action of ejectment, tried at the Delaware circuit in November, 1828, before the Hon, Ogden Edwards, one of the circuit judges. The lessors of the plaintiff claimed’ to recover the premises in question in the right of Parthenia, the wife of Dies, as the heir at law of Enoch Copley, deceased.
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This was an action of ejectment, tried at the Delaware circuit in November, 1828, before the Hon, Ogden Edwards, one of the circuit judges. The lessors of the plaintiff claimed’ to recover the premises in question in the right of Parthenia, the wife of Dies, as the heir at law of Enoch Copley, deceased. The defence set up was, that the marriage of Enoch Copley with the mother of Parthenia was not valid, and that Enoch Copley, by his last w¡p an¿ testament, had devised all his real estate to three sons. The facts in relation to the marriage of Copley, and the mother of Parthenia, were somewhat…
1Opinion of the Court
By the Court.
The maxim of the civil law, nuptias non concúbitos sed consensus facit, Dig. L. 50, tit. 17, § 30, or one of the same import, has ever been regarded in courts of common law as a good definition of marriage. There is an expression in Wood’s Institutes of the Laws of England, Inst. 57, which, if examined without its context, might seem to imply that cohabitation as well as consent was required to make a valid marriage. “ Marriage or matrimony,” he observes, “ is an espousal de prcesenti, and a conjunction of man and woman in a constant societybut the very next sentence is a…
2Cited by48 opinions
- Grigsby v. ReibTexas Supreme Court · 1913
- Sharon v. SharonCalifornia Supreme Court · 1888
- Hutchins v. KimmellMichigan Supreme Court · 1875
- Caujolle v. . FerrieNew York Court of Appeals · 1861
- Estate of MurdockSuperior Court of Pennsylvania · 1927
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