Cross v. Cross
Supreme Court of New Hampshire
Writ op Entry, on a mortgage. Facts agreed. In 1862, the plaintiff being the wife of the defendant, he' made to her a voluntary conveyance of the land.
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Writ op Entry, on a mortgage. Facts agreed. In 1862, the plaintiff being the wife of the defendant, he' made to her a voluntary conveyance of the land. In 1875, each being about to sue for a divorce, they made this compromise : She should convey the land to him; he should give notes of a certain amount to M., for the benefit of the plaintiff, and the mortgage to secure the notes ; she should file a libel for divorce for a certain cause; he should accept service of process, and make no defence; if a divorce was decreed, she should have the custody of one of their three children, and he of the…
1Opinion of the CourtClark, J.
When the notes and mortgage were given, the plaintiff was the wife of the defendant; and the principal object of the agreement, in pursuance of which the notes and mortgage were executed, was to obtain a collusive divorce. Such an agreement is contrary to sound public policy, and consequently illegal and void. The marriage contract is not to be dissolved or determined at the will or caprice of the parties. If annulled, it must be in accordance with the requirements of the law, and in due course of legal proceedings. The whole agreement and proceedings of the parties in this case were a fraud…
2Cited by1 opinion
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