Cheever v. Wilson
Supreme Court of the United States
By a statute in force in Indiana in 1857* it was thus enacted : “ Divorces may be decreed by the Circuit Court of the State on petition, filed by any person at the time a bond fide resident of the county in which the same is filed; of which bond fide residence the affidavit of such petition shall be primd facie evidence. “ The grounds of divorce are (among others): “Abandonment for one year. “ Cruel treatment of either party by the other.”
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By a statute in force in Indiana in 1857* it was thus enacted : “ Divorces may be decreed by the Circuit Court of the State on petition, filed by any person at the time a bond fide resident of the county in which the same is filed; of which bond fide residence the affidavit of such petition shall be primd facie evidence. “ The grounds of divorce are (among others): “Abandonment for one year. “ Cruel treatment of either party by the other.” The statute further declares that, the court, in decreeing a divorce, shall make provision for the guardianship, custody, support, and education of the…
1Opinion of the CourtJustice Swayne
The material facts of the case, as disclosed in the record, are as follows:
*On the 6th of September, 1842, Cheever, and the defendant, Annie, then Annie J. Hughes, executed a deed of marriage settlement, whereby the title of the real estate therein described, situate in the city of Washington, was vested in Sarah T. Hughes, the mother of Annie, “in trust, to permit her daughter, the said Annie J. Hughes, to receive, take, and enjoy the rents and profits of the said lands and premises to her sole- and exclusive use and benefit,” &c. The property embraced in the settlement is designated in the…
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