Cabell v. Cabell's Administrator
Court of Appeals of Kentucky
CASE 56 — PETITION EQUITY POUR APPEALS ON TI-IE SAME RECORD, PROM THE GREEN CIRCUIT COURT. The facts appear in the opinion of the court. 1. The act of the legislature divorcing Mrs. Cabell from her husband impairs the obligalion of the contract of marriage. and is unconstitutional and void. {Art. 10, sec. 18, Con. Ky., 1799; Art. 1, sec. 10, Con. U. S.', Powell on Contracts, 6; Story's Com. Const., 507; Rawle, 138; 1 Blk. Coin., 433, 435; 1 Bouv.
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CASE 56 — PETITION EQUITY POUR APPEALS ON TI-IE SAME RECORD, PROM THE GREEN CIRCUIT COURT. The facts appear in the opinion of the court. 1. The act of the legislature divorcing Mrs. Cabell from her husband impairs the obligalion of the contract of marriage. and is unconstitutional and void. {Art. 10, sec. 18, Con. Ky., 1799; Art. 1, sec. 10, Con. U. S.', Powell on Contracts, 6; Story's Com. Const., 507; Rawle, 138; 1 Blk. Coin., 433, 435; 1 Bouv. Inst., 101; Reeve’s Domestic Relations, 148; 7 Mass. Rep., 52; 7 Wend., 47; 1 Hop. Rep., 493; 2 Kents Com., 79; Shcl. on Mar. and Div., 1; Rogers’…
1Opinion of the Court
JUDGE STITES
delivered the opinion oe the court:
In 1838, Samuel Cabell and Louisa Montgomery were married in Green county, in this state, and continued to live together *323as mail and wife until some time in 1839, when, by mutual agreement, they separated.
By the terms of separation the property which the wife owned before marriage was to be returned to her, and, in addition thereto, she was to be furnished with a riding horse and the sum of one thousand dollars, for the payment of which her husband executed to her two friends, Wakefield and Hoskins, his note, for her use and benefit. It was…
2Cases cited5 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Maguire v. MaguireCourt of Appeals of Kentucky · 1838
- Starr v. PeaseSupreme Court of Connecticut · 1831
- Gaines v. Gaines'Court of Appeals of Kentucky · 1848
- Berthelemy v. JohnsonCourt of Appeals of Kentucky · 1842
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- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Atkinson v. City Council of NewtonMassachusetts Supreme Judicial Court · 1897
- Inhabitants of Leominster v. ConantMassachusetts Supreme Judicial Court · 1885
- Harmon v. SweetMassachusetts Supreme Judicial Court · 1915
- Hazelton v. PutnamWisconsin Supreme Court · 1850
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