Barrett v. Failing
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. 'This is a bill iii equity, filed in the Circuit Court of the United States for the District of Oregon, by Mary E. Barrett, a citizen and resident of the State of California, against Charles D. Failing and Xarifa J. Failing, his wife, citizens and residents of the State of Oregon.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF OREGON. 'This is a bill iii equity, filed in the Circuit Court of the United States for the District of Oregon, by Mary E. Barrett, a citizen and resident of the State of California, against Charles D. Failing and Xarifa J. Failing, his wife, citizens and residents of the State of Oregon. The bill alleged that on September 25th, 1866, the plaintiff was, and for more than two years theretofore had been, the wife of Charles Barrett, and was a citizen and resident of the State of .California; that on that day she commenced a…
1Opinion of the CourtJustice Gray
He stated the facts in the foregoing language, and continued:
It is' not doubted that the decree of divorce from the bond of matrimony, obtained by the plaintiff in California, in a court having jurisdiction to grant it, and after the husband had appeared and made defence, bound both parties and determined their status. The question considered by the court beloiv and argued in this court is AAThether, by virtue of that decree, and under the laAV of Oregon, the wife is. entitled to one third of the husband’s land in Oregon.
Unless otherwise provided by local laAV, a decree of divorce by a court…
2Cases cited6 opinions
- Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
- Cheely v. ClaytonSupreme Court of the United States · 1884
- Barber v. RootMassachusetts Supreme Judicial Court · 1813
- Wait v. . WaitNew York Court of Appeals · 1850
- Whetstone v. CoffeyTexas Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Helvering v. FullerSupreme Court of the United States · 1940
- Spindel v. SpindelDistrict Court, E.D. New York · 1968
- Wood v. WoodSupreme Court of Arkansas · 1894
- Price v. . PriceNew York Court of Appeals · 1891
- Hamilton v. McNeillSupreme Court of Iowa · 1911
27 more not listed; retrieve them via the Exa API.