720

Case No. 1,554.

BLODGET v. THORNTON.

[3 Cranch, C. C. 176.]¹

Circuit Court, District of Columbia.

May Term, 1827.

DOWER—MARRIAGE—EVIDENCE—COHABITATION.

Upon a writ of dower, the marriage may be proved by parol evidence of cohabitation as man and wife.

Writ of dower. Verdict for the plaintiff [Rebecca Blodget], subject to the opinion of the court, whether parol evidence of cohabitation as man and wife, is sufficient to prove the marriage.

C. C. Lee, for the defendant [William Thornton], contended that the marriage can only be proved by the certificate of the bishop, or of the clergyman who married them. The following authorities were cited by Mr. Lee: Jackson v. Claw, 18 Johns. 346; William v. Gwyn, 2 Saund. 45; 1 Phil. Ev. 262; Starkie, Ev. 939; Birt v. Barlow, 1 Doug. 172; Morris v. Miller, 1 W. Bl. 632.

R. S. Coxe, contra, cited Birt v. Barlow, 1 Doug. 172; Morris v. Miller, 4 Burrows, 2058; Bayard's Peake, Ev. 88. See. also, Woodf. Landl. & Ten. 402; Henry St. George Tucker's notes to 1 Bl. Comm. 440, note 3.

THE COURT (MORSELL, Circuit Judge, absent), ordered the judgment to be entered for the plaintiff.

[NOTE. For subsequent proceedings by the plaintiff, see Blodget v. Brent, Case No. 1,553.]

¹ [Reported by Hon. William Cranch, Chief Judge.]

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