Peaslee v. Peaslee
Massachusetts Supreme Judicial Court
The first case was a writ of dower, dated October 13, 1885, by the widow of Hiram Peaslee against his devisees. Plea, 1st, that the marriage between the demandant and the devisor was invalid; 2d, that an antenuptial contract between them constituted an equitable defence to the action. Replication, that the demandant’s signature to such agreement was secured by fraud.
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The first case was a writ of dower, dated October 13, 1885, by the widow of Hiram Peaslee against his devisees. Plea, 1st, that the marriage between the demandant and the devisor was invalid; 2d, that an antenuptial contract between them constituted an equitable defence to the action. Replication, that the demandant’s signature to such agreement was secured by fraud. Trial in the Superior Court, before IIammond% J., who allowed a bill of exceptions, which, so far as material, were as follows. It appeared in evidence that the demandant previously was married to Andrew C. Rowe, who was living…
1Opinion of the CourtHolmes, J.
The first case is a writ of dower brought by Abby D. Peaslee as the widow of Hiram Peaslee, against his devisees. The tenants deny the validity of the marriage, and set up an antenuptial contract by way of equitable defence. The second case is a bill in equity brought by the tenants, to enjoin the action at law against them, on the ground of the same ante-nuptial agreement. It comes here upon appeal from a decree sustaining a demurrer, but the bill is not pressed, unless it is necessary to protect the tenants’ equitable rights, and as the facts were tried in the action at law and all the…
2Cases cited32 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Short & Co. v. Trabue & Co.Court of Appeals of Kentucky · 1863
- Nations v. JohnsonSupreme Court of the United States · 1861
- Cheely v. ClaytonSupreme Court of the United States · 1884
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3Cited by12 opinions
- Bliss v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1894
- In Re the Estate of HolmesNew York Court of Appeals · 1943
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1892
- Polson v. StewartMassachusetts Supreme Judicial Court · 1897
- McNamara v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
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