Legal Opinion

Leavitt v. Leavitt

Michigan Supreme Court

Decided October 16, 1865PublishedCited by 19 opinions

Appeal in Chancery from Kent Circuit. The complainant in this case filed his bill to procure a decree annulling his marriage with defendant, upon the ground of fraud in the marriage contract. The bill set forth his marriage with the defendant on the 24th day of May, 1841; that they lived together in that relation until the month of January, 1862, and that there were eight children issue of said marriage, seven of whom were still living.

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Appeal in Chancery from Kent Circuit. The complainant in this case filed his bill to procure a decree annulling his marriage with defendant, upon the ground of fraud in the marriage contract. The bill set forth his marriage with the defendant on the 24th day of May, 1841; that they lived together in that relation until the month of January, 1862, and that there were eight children issue of said marriage, seven of whom were still living. It alleged that, prior to the marriage, complainant made diligent inquiry in reference to the chastity of defendant, and was assured, both by her and her…

1Opinion of the Court

Campbell J.:

Complainant filed his bill to procure a decree of nullity upon the ground that his marriage was induced by fraud. The fraud charged is that the defendant was guilty of unchaste .'conduct before marriage, and yet represented herself to be chaste and virtuous; and that she declared that any charges which might he made to the contrary were false. The bill states that complainant made diligent inquiry concerning her character, and could learn nothing to her discredit — a fact which he attributed to her belonging to a church of which he was not a member. He avers that the discovery of…

2Cited by19 opinions

  1. Sheahan v. BarryMichigan Supreme Court · 1873
  2. Fisk v. FiskAppellate Division of the Supreme Court of the State of New York · 1896
  3. Wesley v. WesleyCourt of Appeals of Kentucky · 1918
  4. Lyon v. LyonIllinois Supreme Court · 1907
  5. Ritzer v. RitzerMichigan Supreme Court · 1928

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