This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...is deemed essential (Clayton v. Wardell, 4 N. Y., 230, ) and such marriage may be inferred by recognition, matrimonial cohabitation, &c. (Matter of Taylor, 9 Paige, 611; Brinkley v. Brinkley, 45 Id., 184.) In the case first above cited, it is held that all that is essential to the validity of marriage, is a present ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1877 Excerpt: ...is deemed essential (Clayton v. Wardell, 4 N. Y., 230, ) and such marriage may be inferred by recognition, matrimonial cohabitation, &c. (Matter of Taylor, 9 Paige, 611; Brinkley v. Brinkley, 45 Id., 184.) In the case first above cited, it is held that all that is essential to the validity of marriage, is a present agreement between competent parties, to take each other for husband and wife. MINOR r. JONES. It is urged by counsel for the claimants, Patsy Minor and Anthony Smith, that the proclamation of emancipation relieved the parties of all disability under the laws of Virginia, and that thereby their marriage was validated. It cannot be successfully denied that the effect of the proclamation was to relieve all the slaves from the disabilities attendant upon their servitude, and that they became at liberty thereafter to contract marriage in the same manner as white citizens: --but it is a serious quesion whether by force of the proclamation the relations of the parties not recognized by the laws of Virginia as a marriage, could bo made to constitute a lawful marriage as to the law of that state; and if not lawful as to the law of that state, it is also a serious question whether the rule that the validity of contracts must depend upon the place where they ar1 made, is to be relaxed as to marriage contracts. Story Conflict of Laws, ) in treating upon the subject of marriage, says, at section 108,"' marriage i.s treated by all civilized nations as a peculiarly formed contract--it is in its origin a contract of natural law--in civil society it became a civil contract, regulated and prescribed by law, and endowed with civil consequences;" and in section 109, he says, "but it will be observed that marriage is a contract sui generis, differing ...
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