Legal Opinion

Gaines v. Green Pond Iron Mining Co.

Supreme Court of New Jersey

Decided March 15, 1881PublishedCited by 2 opinions

On appeal from a decree of the chancellor, reported in Gaines v. Green Pond Mining Co., 5 Stew. Eq. 86. Two main questions of fact arise upon the pleadings and proofs, to wit: . I. Is it proved that Charles Montrose Graham 3d and Cornelia Ludlow were lawfully married ? II. Is it proved that Robert Ludlow Graham, one of the complainants, is the lawful issue of that marriage ? Mr. Gummere discussed the evidence as to (a) Courtship.

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On appeal from a decree of the chancellor, reported in Gaines v. Green Pond Mining Co., 5 Stew. Eq. 86. Two main questions of fact arise upon the pleadings and proofs, to wit: . I. Is it proved that Charles Montrose Graham 3d and Cornelia Ludlow were lawfully married ? II. Is it proved that Robert Ludlow Graham, one of the complainants, is the lawful issue of that marriage ? Mr. Gummere discussed the evidence as to (a) Courtship. (b) The marriage. ■ (c) The certificate and registry. (d) The situation after marriage. III. Is Robert Ludlow, calling himself Graham, proved to be lawfully begotten…

1Opinion of the Court

The opinion of the court was delivered by

Van Syckel, J.

The bill in this cause was filed by the complainants as owners of the remainder in fee of a large tract of wild lands in the county of Morris, to restrain the defendants, who, it is alleged, have only a life estate in said lands, from cutting timber and working the iron mines on said premises, and also praying for an account.

Two principal questions are raised by the defendant’s answer: First, whether Robert L. Graham, through whom the complainants derive their title, was the legitimate son of Charles M. Graham, the third. Second, whether,…

2Cases cited2 opinions

  1. Coates v. CheeverNew York Supreme Court · 1823
  2. Hastings v. CrunckletonSupreme Court of Pennsylvania · 1801

3Cited by2 opinions

  1. Hewitt v. HewittNew Jersey Court of Chancery · 1931
  2. Caruso v. CarusoNew Jersey Court of Chancery · 1928

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