Inhabitants of Newburyport v. Inhabitants of Boothbay

From a long-continued cohabitation of a man and woman, as husband and wife, a marriage may be presumed by the jury.

Assumpsit for the support of Samuel Reed, a pauper, with averments that his legal settlement was in Boothbay ; that the overseers of the poor there were notified, &c. At the trial of the action, which was had upon the general issue, at the sittings here after the last November term, before Sewall, J., the pauper was proved to be the son of John Reed by his wife Mary, since Mary Knowlton, her deposition being admitted in evidence, and her marriage with John Reed being fully proved by the certificate of the town clerk, &c. The marriage was in 1784, * after which the said John and Mary went to reside in Boothbay, where the said Samuel, the pauper, was born. The said John Reed was the reputed son of Andrew Reed; but there was no direct evidence of the marriage of Andrew with the mother of John. The said Andrew was one of the first settlers at. Boothbay, and came to that place with a woman whom he called his wife, and resided there at the incorporation of the town. He and the mother of John Reed lived together in good reputation as man and wife ; and the said John was one of the said Andrew’s family, was received and spoken of as his son, and treated as his other children were. This being the only question in the case, the judge directed the jury that they might lawfully presume the said John Reed to be the legitimate son of the said Andrew Reed, upon this evidence of reputation ; and thereupon the defendants submitted to a verdict, the judge consenting to reserve the question as to the legal effect of this evidence, for the consideration of the Court.