24 Iowa 200 | Iowa | 1868
“ A man by the foulest fraud gets into the possession of the property of his neighbor. By a contract, thus basely obtained, it not only renders the contract void, but, in many instances, is a felony. The common sense of mankind must revolt at the idea, that, when a man, by the same abominable fraud, obtains the person of an amiable woman and her property, the law should protect such a contract, and give it the same efficacy as if fairly obtained. The truth is, that a contract which is obtained by fraud is, in point of law, no contract. The fraud blots out of existence whatever semblance of a contract there might have been. There is no more reason for sanctioning a marriage procured by fraud, than one procured by force and violence. The consent is as ’totally wanting, in view of the law, in the former as in the latter case.” Reeve’s Domestic Relations, 206; see 2 Kent’s Com. Y6.
It has been held in England, that, in case of a divorce a vinculo mafrimonii, which is allowed on the ground that there never had been a lawful marriage, all the property which the husband received with the wife, and that has not been conveyed Iona fide to others, belongs do the wife after divorce. Eeeve’s Dom. Eel. 209.
It is unnecessary to multiply authorities in support of the foregoing doctrines; they commend themselves to the natural sense of justice of all men.
In this case, the sheriff, it seems, well knew all the facts, and paid the money after the divorce was procured by the woman; neither he nor the party to whom he paid it can be considered as acting innocently, and, therefore, entitled to protection.
We are united in the opinion that the judgment of the District Court was correct.
Affirmed.