Babcock v. Smith
Massachusetts Supreme Judicial Court
Bill in equity against John Smith junior, John Smith senior, Henry Wainwright and Martha Ann Babcock. The plaintiff alleges, that valuable real and personal estate descended to her from her father, Abraham Babcock ; that on the 24th of October, 1830, while a minor under guardianship, she intermarried with the defendant, Smith junior ; that upon the treaty for the marriage it was expressly agreed between Smith junior and the plaintiff and her guardian, that all her property,…
Read the full summary
Bill in equity against John Smith junior, John Smith senior, Henry Wainwright and Martha Ann Babcock. The plaintiff alleges, that valuable real and personal estate descended to her from her father, Abraham Babcock ; that on the 24th of October, 1830, while a minor under guardianship, she intermarried with the defendant, Smith junior ; that upon the treaty for the marriage it was expressly agreed between Smith junior and the plaintiff and her guardian, that all her property, real and personal, should be conveyed and secured to her sole and separate use, and this agreement was expressed in a…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. The plaintiff availing herself of the provisions of the 5th Rule, so framed her bill as to deprive the defendant of the usual privilege of answering under oath. And the hearing now comes on upon the proofs in the case. The burden rests entirely upon the plaintiff, and as she has deprived the defendants of some of the means of defence usual in suits in chancery, it would seem but reasonable that she should be required strictly to sustain it.
A new question naturally growing out of the practice under the above rule has been made. The depositions of…
2Cited by1 opinion
- Smith v. TerryAppellate Division of the Supreme Court of the State of New York · 1899