Randolph v. Randolph

This is an action for an annulment and to impress a trust on certain real property.

The plaintiff seeks this annulment on the grounds that the defendant had a husband living at the time of the marriage of the parties. He says that while he knew that she had been previously married, she represented to him that she had procured a divorce. The defendant concedes her prior marriage, but says that her first husband left her in about 1948, and that she has not seen him since; that she had been told by virtue of his continued absence she was entitled to remarry and that she married the plaintiff…