Barnes v. Barnes

Citations

• 110 Cal. 418
• 42 P. 904
• 1895 Cal. LEXIS 1072

Syllabus

<p>Antenuptial Settlement—False Representations as to Character of Wife—Validity of Settlement.—An antenuptial settlement, made in contemplation of marriage, is based upon a sufficient consideration, and where the marriage has been consummated, and the relation of husband and wife has been maintained for several years, the antenuptial settlement cannot be set aside upon the ground that the wife personally, and by her friends and agents, falsely represented that she was a virtuous, worthy, chaste, and moral woman, whereas she was in fact a woman of unchaste and immoral character.</p> <p>Id.—Validity of Marriage — Previous Unchaste Conduct—Public Policy—Maxim.—Previous unchaste conduct, although concealed, does not invalidate a marriage; but public policy opens marriage as the gate, way for repentance and virtue, and the maxim caveat emptor governs in regard to a marriage settlement.</p>