Dailey v. Frey

Citations

• 206 Pa. 227
• 55 A. 962
• 1903 Pa. LEXIS 684

Syllabus

<p>Marriage — Evidence—Legitimacy— Partition.</p> <p>On a bill for partition where the issue is the marriage of plaintiff’s parents, a certificate of marriage is admissible as evidence of identity of parties, when offered in connection with testimony that it was produced from the custody of plaintiff’s father and claimed by him as the certificate of his own marriage, and this is the case although the name of plaintiff’s father was Sharpe, and the name mentioned in the certificate was Shaw.</p> <p>On a bill for partition where the plaintiff’s legitimacy is denied on the ground of a prior marriage of her mother, a finding in favor of plaintiff will be sustained where the evidence of a previous marriage had opposed to it the evidence of the reception of the parents of the plaintiff by her mother’s family as married, the acknowledgment of the husband and the treatment of the plaintiff from her birth as a legitimate child, the entire absence of any appearance or question of the alleged first husband during the whole life of the alleged wife, the possibility of confusion as to two families of the same name, and finally the presumption in favor of innocence of the alleged bigamy.</p>