Cross v. Cross
Supreme Court of New Hampshire
Petition for alimony, filed August 20,1880. Facts found by a referee. July 28,1875, the parties agreed that the plaintiff should have $900 as her share of the property, and on that day the defendant gave to one Moore, as trustee, his five promissory notes,— one for $100, payable September 30, 1875, and four of $200 each, payable September 30, 1876, 1877, 1878, and 1879, — with a mortgage of his farm to secure them.
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Petition for alimony, filed August 20,1880. Facts found by a referee. July 28,1875, the parties agreed that the plaintiff should have $900 as her share of the property, and on that day the defendant gave to one Moore, as trustee, his five promissory notes,— one for $100, payable September 30, 1875, and four of $200 each, payable September 30, 1876, 1877, 1878, and 1879, — with a mortgage of his farm to secure them. July 81, 1875, the plaintiff filed her libel charging extreme cruelty, but containing no prayer for alimony, and at the August term, 1875, a divorce was decreed to her for that…
1Opinion of the CourtClauk, J.
Cross v. Cross, 58 N. H. 373, was a writ of entry, and the matter in issue was the title to the demanded premises, which depended upon the validity of the plaintiff’s notes and mortgage. Upon an agreed statement of facts, that the notes and mortgage were made in pursuance of a collusive agreement for obtaining a divorce, it was held that the notes and mortgage were illegal and void, and the defendant had judgment.
This proceeding is a petition for alimony, and the matter in issue is, whether the plaintiff is entitled to a share of the property. The cause of action and the matter in controversy…
2Cited by7 opinions
- Mueller v. MuellerCalifornia Supreme Court · 1955
- Ballou v. BallouSupreme Court of New Hampshire · 1948
- Labrie v. LabrieSupreme Court of New Hampshire · 1973
- Salta v. SaltaSupreme Court of New Hampshire · 1921
- Ingraham v. CommissionerCourt of Appeals for the Ninth Circuit · 1941
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