Lanktree v. Lanktree

The plaintiff appeals from a judgment entered upon an order sustaining, without leave to amend, a general demurrer to her complaint.

For the purposes of this decision, the facts alleged in the complaint are binding upon both parties and the court. The question is not one of fact, hut of law. If the plaintiff’s allegations are true, is she entitled to relief ? At the instance of a wife who alleges she has procured a collusive decree of divorce, will a court of equity set it aside because she also alleges in substance that she bartered her marital rights for a smaller sum than she might have…