Legal Opinion

Tomppert's Ex'rs v. Tomppert

Court of Appeals of Kentucky

Decided September 26, 1877PublishedCited by 7 opinions

Case 17 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. First. “Marriage is considered by the law in no other light than as a civil contract.” (Tyler on Infancy and Coverture, sec. 618; see also Reeve’s Domestic Relations, p. 195.) The marriage of a man and a woman can not sanctify the fraud of the latter, as in this case, in procuring or inducing the marriage.

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Case 17 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. First. “Marriage is considered by the law in no other light than as a civil contract.” (Tyler on Infancy and Coverture, sec. 618; see also Reeve’s Domestic Relations, p. 195.) The marriage of a man and a woman can not sanctify the fraud of the latter, as in this case, in procuring or inducing the marriage. “ A marriage procured by force or fraud is also void ah initio, and may be treated as null by every court in which its validity may be incidentally drawn in question; the basis of the marriage is consent, and the ingredient of…

1Opinion of the Court

JUDGE GOFER

delivered the opinion op the court.

The appellee, under the name of Mary Albright, was married to Philip Tomppert, sr., April 2, 1872. Tomppert died October 29, 1873, leaving no issue of the marriage, having first made and published his last will and testament, devising all his estate to four children of a former marriage.

This suit was brought by the appellee for the allotment of dower and distribution of the personal estate.

The executor and devisees answered, and alleged that she married the testator under the name of Mary Albright, claiming to be the widow of-Albright, when her…

2Cases cited2 opinions

  1. Bassett v. BassettCourt of Appeals of Kentucky · 1873
  2. Thornton v. McGrathCourt of Appeals of Kentucky · 1864

3Cited by7 opinions

  1. Farley v. FarleySupreme Court of Alabama · 1891
  2. Greene v. FitzpatrickCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Jordan v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1909
  4. Shepherd v. ShepherdCourt of Appeals of Kentucky · 1917
  5. Johnson v. SandsCourt of Appeals of Kentucky (pre-1976) · 1932

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