In Blackburn v. Crawfords (1865) 70 U.S. 175, there was an attempt by the putative wife to rely on a common law marriage after having testified to a ceremonial marriage. In its discussion of the question, the Court said: "Her testimony was clear and positive. It was wholly inconsistent with such a proposition. If there was none marriage as alleged by her, clearly there was none at any time." In that case, it was sought to prove that certain persons were nephews and nieces of one Dr. Crawford, whose estate they claimed. They were children of a woman who, it was claimed, had married a brother of Dr. Crawford. This marriage was disputed. The declarations of a sister of the mother of the claimants were received in evidence to the effect that the mother had told her that she had married a brother of Dr. Crawford. These declarations were objected to on the ground that the declarant was not shown to be related to the family of Dr. Crawford. In sustaining this objection the United States Supreme Court, speaking by Mr. Justice SWAYNE, said: "It is well settled, that before the declaration can be admitted, the relationship of the declarant to the family must be established by other testimony. Here the question related to the family of Dr. Crawford. The defendants in error claimed to belong to the family, and to be his nephew and nieces. To prove this relationship, it was competent for them to give in evidence the declarations of any deceased member of that family. But the declarations of a person belonging to another family - such person claiming to be connected with that family only by the intermarriage of a member of each family - rests upon a different principle. A declaration from such a source, of the marriage which constitutes the affinity of the declarant, is not such evidence aliunde as the law requires."