Alexander v. Alexander
New Jersey Court of Chancery
1Opinion of the Court
In this suit complainant, a wife, has filed a bill in equity against defendant, her husband, to recover possession of certain real estate owned by her. The husband has answered and also has filed a counter-claim against his wife in which he seeks specific performance of an antenuptial parol agreement. Complainant has moved to strike out this counter-claim on the ground, among others, that its averments are within the inhibition of our statute of frauds relating to contracts "made upon consideration of marriage."
I am convinced that this motion must be sustained.
The rule in equity that part…
2Cases cited15 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- Larsen v. JohnsonWisconsin Supreme Court · 1890
- Riley v. RileySupreme Court of Connecticut · 1856
- Mallory's Adm'rs v. Mallory's Adm'rCourt of Appeals of Kentucky · 1891
- Rainbolt v. EastIndiana Supreme Court · 1877
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3Cited by5 opinions
- Lieber v. Mercantile National Bank at DallasCourt of Appeals of Texas · 1960
- Kooba v. JacobittiNew Jersey Superior Court Appellate Division · 1960
- Gilbert v. GilbertNew Jersey Superior Court Appellate Division · 1960
- Peterson v. PetersonSouth Dakota Supreme Court · 1929
- Burson v. Whistler's, Inc.Supreme Court of Oklahoma · 1956