Vaughn v. Lovejoy
Supreme Court of Alabama
Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Claek. The bill in this ease was filed by Noel A. Vaughn and Sarah A., his wife, against Jeremiah E. Lovejoy and wife, George M. Goldsmith, and Caroline S. Goldsmith; Mrs. Lovejoy and her co-defendants, George M. and Caroline S. Goldsmith, being the children of Mrs. Yaughn by a former husband, John T. Goldsmith.
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Appeal from the Chancery Court of Chambers. Heard before the Hon. James B. Claek. The bill in this ease was filed by Noel A. Vaughn and Sarah A., his wife, against Jeremiah E. Lovejoy and wife, George M. Goldsmith, and Caroline S. Goldsmith; Mrs. Lovejoy and her co-defendants, George M. and Caroline S. Goldsmith, being the children of Mrs. Yaughn by a former husband, John T. Goldsmith. Its object was, 1st, to enjoin proceedings in the probate court, which had been instituted by the defendants, to compel the complainant, Yaughn, to settle his guardianship of Mrs. Lovejoy and George M.…
1Opinion of the CourtR. W. Walker, J.
Conditions operating unduly in restraint of marriage, are utterly null and void, because they are considered contrary to the common weal and good order of society. — Morley v. Rennoldson, 2 Hare, 570; 2 Leading Cases in Eq., pt. 1, 315. In accordance with this principle, it is a well-settled rule, subject to certain clearly established exceptions, that if a condition in restraint of marriage is general, and also subsequent — that is, if the gift be of a certain interest, and there is an at*439tempt to abridge it by a condition in restraint of marriage generally, the condition is void, and the…
2Cases cited5 opinions
- Binnerman v. WeaverCourt of Appeals of Maryland · 1855
- Miller v. Flournoy's HeirsSupreme Court of Alabama · 1855
- Tucker v. HolleySupreme Court of Alabama · 1852
- Phillips v. MedburySupreme Court of Connecticut · 1829
- Moore v. MooreSupreme Court of Alabama · 1850
3Cited by9 opinions
- James v. JamesSupreme Court of Alabama · 1876
- Davis v. WilliamsSupreme Court of Alabama · 1900
- Goodman v. McMillanSupreme Court of Alabama · 1952
- Otis v. DarganSupreme Court of Alabama · 1875
- Larkin v. MasonSupreme Court of Alabama · 1881
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