Illustrative Cases On the Law of Domestic Relations

Cover Illustrative Cases On the Law of Domestic Relations
Illustrative Cases On the Law of Domestic Relations
Long, Joseph R. (Joseph Ragland), 1870-1932
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504; Nairn v.
Prowse, 6 Ves. Jr. 752; Campion v. Cotton, 17 Ves. Jr. 264; Sterry v. Arden, i Johns. (N. Y.), ch. 261 ; Herring v. "V^^ck- ham, 29 Gratt. (Va.) 628.
In Magniac v. Thompson this court said that, "Nothing can be clearer, both upon principle and authority, than the doctrine that to make an antenuptial settlement void, as a fraud upon creditors, it is necessary that both parties should concur in or have cognizance of the intended fraud. If the settler alone intend a fraud and the oth
...er party have no notice of it, but is innocent of it, she is not and can not be affected by it. Mar- riage, in contemplation of the law, is not only a valuable con- sideration to support such a settlement, but is a consideration of the highest value, and from motives of the soundest policy is upheld with a steady resolution." 7 Pet. (U. S.) 348, 393. The same doctrine is asserted by the Supreme Court of Alabama, in which state the parties to the deed of settlement reside and in which it was executed.

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