Page:The Green Bag (1889–1914), Volume 12.pdf/161

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Marriage is considered not only a valuable consideration, but is the highest considera tion recognized by the law, for it is the foun dation of the family and of society, for whose benefit all laws have been created. Notwithstanding this is common-sense of almost commonplaceness, poor marriagemad humanity, instead of trying to get full value for the consideration, more frequently looks upon marriage as a lottery, in which as little as possible is to be given for the run of the cards or the throw of the dice, in the hope of winning either a jack-pot or a grand prixe. As a lottery, of course, every con ceivable scheme to beat the game is resort ed to, so the players stack the cards and load the dice, but when courts become bank er and pay the score, the prizes are general ly decrees that those who would enjoy the mad dance of marriage must pay the fiddler to the full extent of his or her ability. In other words, marriage being a valuable consideration, ed as purchasers, husband for a valuable and wife consideration, are regard-

short time prior to the marriage, deeds for the lands arc executed to children and grand children of a former marriage, the execution of the deeds being concealed from the in tended wife, and the deeds being withheld from the public records until after the mar riage. This was held to be a breach of the good faith that the husband is legally ex pected to give his intended wife, and that a secret voluntary conveyance by a man of his lands on the eve of his marriage, operates as a fraud upon his wife and cannot serve to defeat her upon his death of her dower and interests in such lands, allowed to her under the law as his widow. Therefore she may successfully assert her rights thereto as though such conveyance had not been made. Again, where the wife executed a similar deed on the eve of marriage, the court set asidcthedeed, saying such secretdispositions, if allowed, would be injurious and likely to create conjugal unhappiness. That where j either party desired to provide for former children, a reasonable provision is that of — marriage — of all property which accrues ' which the intended husband or wife will ap to either by virtue of their marital rights, prove, and that it is, in every case, in the and either must deliver what has been paid power of the intended wife or husband to communicate her or his intention to provide for. This contract does not mean a part or a for former children to the other, and if she fraction of the marital rights. It does not or he should refuse to consent, to stay single. There was an element in the case first contemplate an insolvency and a payment of a nineteen-cent dividend on the dollar. It mentioned which made it particularly aggra means full payment to the last jot or tittle, vating, namely, the husband's representation unless there was an anti-nuptial agreement. that he was the owner of lands which he In such cases payment is as nominated in the proposed to alienate before marriage. Such anti-nuptial bond, while the post-nuptial life representations, however, are not essential to is just whatever one can make out of it. void a conveyance made on eve of marriage. One of the games most frequently put up That which destroys the effect of the con against a second marriage is illustrated by a veyance as against the intended wife or hus band, is that it is made on the eve of marriage case where at the time of marriage the hus band was in actual possession of lands, and without the knowledge of the intended wife was occupying the same as a homestead and or husband, and hence becomes a fraud on the marital rights. It makes no difference represented to the intended wife as an induce ment to marry him that he was the owner of whether or not it is a reasonable provision all the land, and that if she would marry him, for former children, if it is kept secret from and survived him as his widow, she would the intended husband or wife, it is fraudulent have and receive her rights in such lands. A and void as against the rights of the deceived