Chew v. Chew
Supreme Court of Iowa
Appeal from Mahaslea District Court. Plaintiff and defendant were married on -the 19tli day of December, 1866, tbe plaintiff being seventy-seven and tbe defendant forty-five years old. On tbe first of January, 1870, defendant filed a bill for divorce from plaintiff on the ground of cruel treatment.
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Appeal from Mahaslea District Court. Plaintiff and defendant were married on -the 19tli day of December, 1866, tbe plaintiff being seventy-seven and tbe defendant forty-five years old. On tbe first of January, 1870, defendant filed a bill for divorce from plaintiff on the ground of cruel treatment. On tbe second of February, 1870, defendant in that suit, plaintiff in this, filed an answer denying tbe allegations of tbe petition, and cross-bill for a divorce from M. A. Cbew, on tbe ground that at tbe time of bis marriage to ber she bad a legal husband living. Afterward it was agreed that M. A.…
1Opinion of the CourtDay, J.
— The deed is made upon consideration of love and affection. The interest conveyed is simply that which defendant would he entitled to as dower.
husband and fraud.’ ’ Plaintiff seeks to avoid this deed on the ground of fraud and mistake. He claims that he did not know of the marriage of defendant to Hays until he filed his cross-petition in the divorce suit.
The evidence, we think, quite clearly shows that he was advised of such fact, not only hy the defendant, but by other parties.
Plaintiff testifies that at the time he executed the deed, defendant said Hays was dead. But it does not appear…
2Cited by4 opinions
- Evans v. EvansSupreme Court of Georgia · 1903
- Paup v. Shelby County State BankSupreme Court of Iowa · 1923
- Weber v. Colonial Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1925
- Yorston v. YorstonNew Jersey Court of Chancery · 1880