Jangraw v. Perkins
| Decision Date | 19 December 1903 |
| Citation | 76 Vt. 127,56 A. 532 |
| Court | Vermont Supreme Court |
| Parties | JANGRAW v. PERKINS. |
Appeal in Chancery, Washington County; Tyler, Chancellor.
Bill by Oughtney Jangraw against Joseph Perkins. From a pro forma decree adjudging the bill sufficient, defendant appeals. Reversed.
Heaton & Thomas and Frank S. Williams, for appellant.
R. M. Harvey and E. M. Harvey, for appellee.
STAFFORD, J. A bill in chancery, which is demurred to. The allegations are these: The defendant, being indebted to the complainant in the sum of $500, in consideration thereof, and to secure the payment of the same, gave him a mortgage on his land, with a condition that it should be void if Revett, who was about to marry the complainant's daughter, should do so immediately, and should for six years support her to the best of his ability and otherwise perform the marriage contract. In the event of Revett's failure in any respect, and three months' notice thereof to the defendant, the latter was to pay $500 to the complainant in trust for the daughter and any children of her body then living. Revett married the daughter, but in all other respects the condition has been broken. Prayer that the defendant pay the $500 or be foreclosed. In the court of chancery there was a pro forma decree adjudging the bill sufficient. The defendant appealed, and insists that there is no equity in the bill because the mortgage is against public policy and void, in that it placed the defendant under the obligation, or at least the financial inducement, to bring about or hasten a marriage between Revett and the complainant's daughter. Neither the mortgage nor the bill discloses any reason why Revett should have married the person proposed, nor any reason why the defendant should have concerned himself in the marital relations of either.
By the contract, what the complainant said to the defendant was in effect this: On the other part, what the defendant said to the complainant was this: "I owe you five hundred dollars, and I deed you this land to secure the debt; but if Revett shall marry your daughter at once, and be for six years her faithful husband, the debt shall be satisfied; otherwise I must pay you the...
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State v. Leifer
...Title & Trust Co., 301 Pa. 365, 152 A. 751, 72 A.L.R. 1109 (1930); Anderson v. Goins, 187 S.W.2d 415 (Tex.Civ.App.1945); Jangraw v. Perkins, 76 Vt. 127, 56 A. 532 (1903) and Holz v. Hanson, 115 Wis. 236, 91 N.W. 663 In Duval v. Wellman, supra, the plaintiff, in her search of a husband, had ......
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Wenninger v. Mitchell
... ... sec. 1349; In re Grobe, 102 N.W. 804; Helen v ... Anderson, 33 Ill.App. 506; Jangraw v. Perkins, ... 76 Vt. 127, 104 A. S. R. 917. The contract, though executed, ... will be set aside and the parties restored to their original ... ...
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Wenninger v. Mitchell
...and is wholly void. 2 Parsons on Contracts, 73; Lawson on Contracts, § 321; 3 Addison on Contracts, § 1349; Jangraw v. Perkins, 76 Vt. 127, 56 Atl. 532, 104 Am. St. Rep. 917; Duval v. Wellman, 124 N. Y. 156, 26 N. E. 343. The fact that plaintiff was engaged in seeking to marry Wenninger whe......
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Jangraw v. Perkins
...J. This is a bill in chancery to foreclose a mortgage. It came to this court twice on demurrer to the bill. First in Jangraw et al. v. Perkins, 76 Vt. 127, 56 Atl. 532. The bill was held insufficient on that occasion and the cause was remanded. The bill was amended and again came to this co......