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Question about an old paternity law

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commentator

Senior Member
What is the name of your state (only U.S. law)? Tennessee. Hi all, it's me Commentator, out in an area not in my field of expertise. Not at all sure where to post this question, and no it isn't homework. But I'm trying to research something for family history. I'm striking out on finding out the particulars of this, am not sure where to look, thought some of my esteemed cohorts might be able to give me a steer on this.

In our family, some time about the early part of the 1900's a girl got pregnant. Supposedly the father of the baby was a wealthy young man in the community. Her father tried to force him to marry her or support the child in some way, (not sure if there was a court case concerning this or if it was done by magistrate) and he supposedly paid so many men, I've heard it was three, I've heard it was five men to testify that they had had sex with her, and the courts determined she was of "low moral character" and the man was off the hook.

The wronged girl lived long and prospered, and the illegitimate son did the same, but it was always sort of common knowledge in the family that this son belonged to ...so and so, and there was always the whispered story of his parentage. The man's family owned a business, and no one in the girl's family ever did business with these people down through the years.

Was there really such a law, was it in place in TN during the 1900-1930's? How could one look for this? links or suggestions appreciated.
 


justalayman

Senior Member
Is it possible that the "not of high moral character" was more of a commentary by the judge but due to the possibility of up to 5 men being the father, no one person was able to be proved the father and as such, no man was named the father?
 

TheGeekess

Keeper of the Kraken
Google books, mayhaps?

I found this there:
http://books.google.com/books?id=3isbAAAAYAAJ&lpg=PA295&ots=ObUP_aQ1hI&dq=tennessee%20laws%201900&pg=PA2#v=onepage&q&f=false
 

commentator

Senior Member
Thanks guys. I have many times heard some sort of old tale that if you could get a certain number of men to testify......But what I can't determine is if this was ever a law, or what the common practice was regarding "demanding that the man marry the woman if he fathered her child" back then. Geekess, I can't for the life of me figure out a phrase to look up in this very neat link that will answer my questions. It's helpful, interesting, but what exactly do you think I should look for? Is it an urban (or in this case, rural) legend? Folklore? In these days of DNA, doubt if it's still on the books, even in TN!
 

TheGeekess

Keeper of the Kraken
Thanks guys. I have many times heard some sort of old tale that if you could get a certain number of men to testify......But what I can't determine is if this was ever a law, or what the common practice was regarding "demanding that the man marry the woman if he fathered her child" back then. Geekess, I can't for the life of me figure out a phrase to look up in this very neat link that will answer my questions. It's helpful, interesting, but what exactly do you think I should look for? Is it an urban (or in this case, rural) legend? Folklore? In these days of DNA, doubt if it's still on the books, even in TN!

Things were different back then. Fathers got custody of the children in a divorce, without question. Children and wives were like property, legally. I'm willing to bet that paying those 3 or 5 men to testify that Mom was of loose morals was part and parcel at the time.

I looked up '*******y' and 'child' and squirreled myself. :p

http://books.google.com/books?id=h10EAQAAIAAJ&lpg=PA644&ots=jDTD8p1HOn&dq=tennessee%20statutes%201900%20*******y&pg=PP16#v=onepage&q=%20*******y&f=false

Here's some statute from West Virginia.
http://books.google.com/books?id=GC8QAAAAYAAJ&lpg=PA173&ots=G1oazxcNmp&dq=tennessee%20statutes%201900%20*******y&pg=PR7-IA3#v=onepage&q=%20*******y&f=false

And some more misc.
http://books.google.com/books?id=DWFAAAAAYAAJ&lpg=PA199&ots=sf07K-KbOe&dq=tennessee%20statutes%201896%20*******y&pg=PA439#v=onepage&q=tennessee%20&f=false
 
Last edited:

single317dad

Senior Member
http://bit.ly/1j2Udzq

Shortened that url because FA censors it.

"The general character for truth and veracity of the female may be assailed." State v. Coatney, 8 Yerg. 210, 212

Googling that case brings up tons of info on evidence in TN ba*dy trials.
 

commentator

Senior Member
You guys are awesome! This link answers my curiosity based question and writes the family history in a clearer light. Poor old great aunt Mary! Unless she really was a fast character, and then poor old her anyhow. It wasn't a good time to be a woman, was it? Her son was a very-well respected member of the community, lived an exemplary life, and died old with a loving family, but there was always that taint of illegitimacy that people whispered about. And no one ever shopped at so and so's store!
 

Silverplum

Senior Member
You guys are awesome! This link answers my curiosity based question and writes the family history in a clearer light. Poor old great aunt Mary! Unless she really was a fast character, and then poor old her anyhow. It wasn't a good time to be a woman, was it? Her son was a very-well respected member of the community, lived an exemplary life, and died old with a loving family, but there was always that taint of illegitimacy that people whispered about. And no one ever shopped at so and so's store!

I admire your family's loyalty *and* their commitment to boycots. :)
 

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