Drennan v. Douglas

Citations

• 102 Ill. 341
• 1882 Ill. LEXIS 34

Syllabus

<p>1. Consideration—founded in violation of law, and immorality. The violation of the marriage obligations by a married woman by committing adultery, and becoming pregnant by one not her husband, under an alleged promise of marriage, can not be made the foundation for a consideration to support a promise by her seducer to make a will giving her and the child all his property, and a court of equity will not specifically enforce such an agreement, even if such an agreement, founded on a proper consideration, is enforcible.</p> <p>2. Marriage contract—void, when one of the parties is married. A person having a husband or wife living, and undivorced, is incapable of entering into a valid marriage contract, and no right of action can arise for its breach.</p> <p>3. Bastardy—right of married woman to maintain. Where a married woman becomes pregnant, during coverture, of a child, which is born less than eight months from the time she obtains a divorce, it is doubtful whether she can maintain a bastardy proceeding against one as the putative father of the child, the presumption being that her husband is its father, especially in the absence of proof of no cohabitation by him within the proper period to beget the child.</p>