Beard v. Beard

Citations

• 65 Cal. 354
• 4 P. 229
• 1884 Cal. LEXIS 550

Syllabus

<p>CONTBACTS— EbAHDULENT CONSIDEBATION—COLLUSIVE DlVOBOE—EbAUD ON THE Coubts—Public Policy.—Where a husband transferred certain real and personal property to his wife in consideration of promissory notes executed by her to him, secured by mortgage, and a promise by her to abandon her defense in an action of divorce then pending between them, and not resist or prevent or delay him in obtaining a decree of divorce, held, that the agreement of the wife with respect to the divorce proceedings was a fraud upon the court, and as it constituted an essential and inseparable part of the consideration, the entil’d transaction became tainted by fraud, and no action would lie to enforce the payment of the notes.</p>