160 A. 223 | Pa. Super. Ct. | 1932
Argued March 16, 1932. This appeal is from a decree dismissing a bill in equity.
The plaintiff alleged that he and the defendant, a resident of Philadelphia, were married, November 27, 1928, in Philadelphia; that subsequent to their marriage *32 they lived for a period of six weeks in Collingswood, New Jersey, where the plaintiff now resides; that at the time of the marriage the defendant represented to him that she was in sound health, when, in truth, she had been suffering from epilepsy, an incurable physical ailment; and that the marriage had not been confirmed by cohabitation.
The controlling question is: Does the court of equity have jurisdiction to cancel a fraudulent contract of marriage? It is admitted by the appellant that courts of equity in Pennsylvania do not possess general powers of a court of chancery; their jurisdiction is confined to the authority conferred upon them by statute. See Pitcairn v. Pitcairn,
A considerable number of authorities may be found to support the appellant's contention that the jurisdiction of the court of equity to annul marriages on the ground of fraud rests upon its general power to *34
vacate contracts in all cases, including contracts of marriage where they have been procured by fraud. The conclusions reached in these cases are based very generally on statutes conferring jurisdiction. See 9 R.C.L. 294, sec. 62; Smith v. Smith,
It has generally been recognized that marriage is something more than an ordinary civil contract. It creates a status of vast importance to the social fabric, as well as to the individuals concerned. The rules governing the rescission of an ordinary contract do not obtain in the annulment of a marriage contract; it cannot be dissolved by mutual consent and it is not a contract within the meaning of the statute of frauds: Maynard v. Hill,
If this appellant had resorted to a divorce proceeding, he would have been required to show that he was a bona fide resident within this Commonwealth for at least one year previous to the filing of his libel. Our courts do not construe the laws in favor of nonresidents, where the severance of marital relations is involved, unless the statute clearly so demands: Starr v. Starr, supra. In Pennsylvania, equity will not lend its aid to a violation of the statute, particularly where the statute enforces the well established policy of the Commonwealth. "Whenever the rights or situation of parties are clearly defined and established by law, whether it be common or statutory, equity has no power to change or unsettle those rights or that situation, but in all such instances the maxim, equitas sequitur legem, is strictly applicable:" Scott et al. v. Waynesburg Brewing Co.,
It is unnecessary, in the disposition of this appeal, to discuss the question whether the grounds set forth *36 amounted to fraud. Suffice to state that after a careful consideration of this record, we find no error therein.
Order of the learned court below is affirmed.