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" That one of the parties was physically incapable of entering into the marriage state. "
Commentaries on American Law - Page 92
by James Kent - 1848
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 878 pages
...former husband or wife, was then in force : 3. That one of the parties was an idiot or lunatic : 4. That the consent of one of the parties was obtained by force or fraud : 5. That one of the parties was physically incapable of entering into the marriage state. BUI to ammi ยง...
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The Revised Statutes of the State of New-York: Passed During the ..., Volume 2

New York (State) - 1829 - 882 pages
...former husband or wife, was then in force : 3. That one of the parties was an idiot or lunatic : 4. That the consent of one of the parties was obtained by force or fraud : 5. That one of the parties was physically incapable of entering into the marriage state. BUI to annul...
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The Chancery Practice of the State of New York

Joseph White Moulton - 1829 - 390 pages
...after the restoration of reason ; the term lunatic comprehending every person of unsound mind ; 4. that the consent of one of the parties was obtained by force or fraud, if no voluntary cohabitation as husband and wife before suit, is made to appear, the marriage may be...
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Commentaries on American Law, Volume 4

James Kent - 1830 - 556 pages
...consent, or when a former husband or wile is living, or when one of the parties is an ideot or lunatic, or the consent of one of the parties was obtained by force or fraud, or causa impotentia;. (JV. Y. Revised Statutes, vol. ii. 142, 143, 144.) It may be very difficult to...
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Documents of the Assembly of the State of New York, Volume 56, Issues 3-4

New York (State). Legislature. Assembly - 1833 - 786 pages
...of the idiot or lunatic. When the consent of one of the parties was obtained by fraud or force. When one of the parties was physically incapable of entering into the marriage state. Could the petitioner establish the allegation that her marriage was procured by fraud, then she can...
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Reports of Cases Argued and Determined in the Court of Chancery of ..., Volume 6

New York (State). Court of Chancery, Alonzo Christopher Paige - 1838 - 712 pages
...arrived at the conclusion that to authorize this court, or any other tribunal, to annul a marriage on the ground of the physical incapacity of one of the parties, there must be satisfactory proof not only of the existence of the alleged incapacity at the time of...
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A Treatise Upon the Practice of the Court of Chancery: With an ..., Volume 2

Murray Hoffman - 1839 - 330 pages
...cases, entitled as . presumptive heir. Forceor fraud. A marriage may be annulled, on the ground that the consent of one of the parties was obtained by force or fraud during the life-time of the parties, or one of them, on the application of the party whose consent...
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Woman Physiologically Considered, as to Mind, Morals, Marriage, Matrimonial ...

Alexander Walker - 1840 - 452 pages
...the party was living, and the marriage in force. 3. If one of the parties was an idiot or a. lunatic. 4. If the consent of one of the parties was obtained...parties was physically incapable of entering into the married state. In Massachusetts, marriage between a white person and a negro, Indian, or mulatto, is...
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Civil Office and Political Ethics: With an Appendix, Containing Familiar Law ...

Elisha P. Hurlbut - 1840 - 230 pages
...idiocy or lunacy, are entitled to the same rights of inheritance as legitimate. children. 4. Where the consent of one of the parties was obtained by force or fraud. Such a marriage may be annulled during the life time of either of the parties, on the application of...
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Reports of Chancery Cases Decided in the Eighth Circuit of the State of New ...

Charles L. Clarke, New York (State). Court of Chancery - 1841 - 640 pages
...sentence of nullity, to declare a marriage contract void for certain causes. One of those causes is, when one of the parties was physically incapable of entering into the marriage state. 2 Rev. Stat. p. 142, Sec. 20. That is this case. By article 3d, a divorce may be granted, and the marriage...
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