Russell v. Russell

Citations

• 129 F. 434
• 1904 U.S. App. LEXIS 4060

Syllabus

<p>1. Res Judicata — Matters Concluded by Decree.</p> <p>The questions concluded by a decree in equity, where the cause was appealed, are determined by the opinion of the appellate court The parties are not concluded as to questions which were left open by such opinion, although they may have been passed on by the court below.'</p> <p>2. Same.</p> <p>Complainant brought a suit for the reformation of an antenuptial agreement, and for its specific enforcement as reformed; it being alleged that, as written, it was procured by fraud. The court, on a hearing, dismissed the bill on the ground that the agreement could not be varied by parol, and also that the evidence was insufficient to show fraud in its procurement. On appeal the decree was affirmed, but the court, in its opinion, stated that it was not necessary to enter upon the question of fraud, because it appeared that complainant had received and retained a partial payment from the executors under the agreement, and was therefore not in a position to repudiate it. Held, that the decree in such suit was not a bar to a second suit by complainant to impeach and set aside the agreement, in which she offered to return the amount received and paid it into court.</p> <p>3. Equity — Defense of Laches.</p> <p>A widow will not be held barred by laches from maintaining a suit to set aside an antenuptial agreement for fraud, instituted at once after the unsuccessful termination of a prior suit for its reformation, which was commenced within a year after her husband’s death, and where she at all times asserted the invalidity of the agreement.</p> <p>4. Tendee — Necessity as Condition Peecedent to Suit.</p> <p>A tender back of a payment made to a widow by her husband’s executors is not necessary, as a condition precedent to her right to maintain a suit to set aside an antenuptial agreement, where, in any event, she was entitled to a larger amount from the estate.</p> <p>5. Antenuptial Ageeements — Validity—Peesumptions.</p> <p>W