Allen's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Fayette county: Of October and November Term 1881, No. 313. Libel for divorce a vinculo matrimonii, by William Allen, against Hannah Allen, formerly Hannab Duvall, averring as follows: — “ That on the 25th day of July 1878 an alleged marriage was celebrated between your petitioner and Hannah Duvall; that said marriage wras procured by fraud on the part of the said Hannah, in this, that prior to the said marriage and to the time the…
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Appeal from the Court of Common Pleas of Fayette county: Of October and November Term 1881, No. 313. Libel for divorce a vinculo matrimonii, by William Allen, against Hannah Allen, formerly Hannab Duvall, averring as follows: — “ That on the 25th day of July 1878 an alleged marriage was celebrated between your petitioner and Hannah Duvall; that said marriage wras procured by fraud on the part of the said Hannah, in this, that prior to the said marriage and to the time the same was celebrated the said Hannah represented and presented herself to your petitioner as a chaste and virtuous female,…
1Opinion of the CourtChief Justice Sharswood
By the first section of the Act of Afay 8th 1854, Pamph. L. 614, it is provided that “ it shall be lawful for the courts of common pleas of this Commonwealth to grant divorce where the alleged marriage was procured by fraud, force or coercion.” By this language must of course be understood such fraud as would at common law render a marriage void. It is settled beyond all controversy, that fraud which, would vitiate any other contract — even an executory contract to marry — will not have that effect when the marriage has actually been solemnized and *200consummated. “ It is well understood,” says…
2Cases cited3 opinions
- Baker v. BakerCalifornia Supreme Court · 1859
- Crehore v. CrehoreMassachusetts Supreme Judicial Court · 1867
- Leavitt v. LeavittMichigan Supreme Court · 1865
3Cited by22 opinions
- Fawcett v. FawcettSuperior Court of Pennsylvania · 1946
- Anonymous v. AnonymousSuperior Court of Delaware · 1951
- Gard v. GardMichigan Supreme Court · 1918
- Stewart v. StewartSuperior Court of Pennsylvania · 1952
- Glass v. GlassSuperior Court of Pennsylvania · 1948
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