Simpson v. Simpson
Court of Appeals of Kentucky
Chancery. From the Circuit Court for Garrard County.. Statement of the ^*86- Contracts between husband and wife are contrary to tlie policy of the law, null and void. A valid agreement for a seperation, between husband & wife, and for a seperate allowance for her support, may be made thro, the medium of a. 3.4 party, (astrustee, for the wife) by & against whom the contract may he enforced.
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Chancery. From the Circuit Court for Garrard County.. Statement of the ^*86- Contracts between husband and wife are contrary to tlie policy of the law, null and void. A valid agreement for a seperation, between husband & wife, and for a seperate allowance for her support, may be made thro, the medium of a. 3.4 party, (astrustee, for the wife) by & against whom the contract may he enforced. But where there is no, third party, no;, suit upon such a, contract— either-at law, or in equity, can be maintained, either for specific performance or dam ages. The causes and grounds upon which courts of"…
1Opinion of the Court
Judge Marshall
delivered the Opinion of the Court.
Jesse Simpson and Jane his wife, being mutually dissatisñed, and determined to separate, entered' into a written article, by which they undertook to release each other from the obligations imposed by their marriage; and, by the same writing, the husband gave and conveyed to his wife, certain specified articles of property, amdng which was one negro girl. He also, about the same time, executed to her a note for thirty dollars. They accordingly separated, and the wife leaving her husband’s house, took with her the property given to her, and a…
2Cited by9 opinions
- Gardner v. GardnerCourt for the Trial of Impeachments and Correction of Errors · 1839
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
- Hoskins v. HoskinsCourt of Appeals of Kentucky · 1923
- Palmer v. PalmerUtah Supreme Court · 1903
- Loud v. LoudCourt of Appeals of Kentucky · 1868
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