Cary v. Cary

FOSTER, Justice.

Appellant filed suit in equity against appellee, in the nature of a bill of review seeking to vacate a decree of divorce which gave effect to a separation agreement entered into -between the parties. Demurrer was sustained to the bill, and complainant appealed.

Such a decree has two features: one, the divorce, and, two, the separation agreement. If either feature furnishes ground to vacate it, the effect ought to apply to the decree in all its features.

As to the divorce, it is thought that collusion is sufficiently alleged to that end and, therefore, to vacate the decree in all…