by John Marshall Harlan

“ It is entirely consistent with the perfidy practiced by the husband towards the wife, in the matter of the fraudulent divorce, that no such agreement as that alleged was ever made, as the consideration of their marriage. ”

“ The case made by the bill is as follows: The plaintiff, while on a visit to Portland, Or., in the year 1870, engaged herself to be married to the defendant Nickerson, then on duty in that city as an officer of the army of the United States. Prior to such engagement, he pointed out to her blocks 145 and 146 in Couch's addition to Portland as his property, and 'promised and agreed' that after marriage he would convey them to her as a marriage portion or settlement for the benefit of herself and any children of their marriage, and erect thereon a dwelling-house for their use ”

“ No estate or interest in real property other than a lease for a term not exceeding one year, nor any trust or power concerning such property, can be created, transferred, or declared otherwise than by operation of law or by a conveyance or other instrument in writing, subscribed by the party creating, transferring, or declaring the same, or by his lawful agent, under written authority, and executed with such formalities as are required by law.' 'Sec. ”

“ No action shall be brought whereby to charge any person upon any agreement made upon consideration of marriage, or upon any contract or sale of lands, tenements, hereditaments, or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.' 'Sec. ”

“ To get the plaintiff out of the country, beyond the reach and knowledge of what was going on; (2) to have the plaintiff divorced from her husband, so that he could marry the defendant Carter; (3) to defeat the trusts upon which her husband held the Portland property, and the proceeds of its sale, and to place the right and title to the same in the defendant Carter. The defendants Nickerson, Matthews, and Carter, in separate answers, deny every material allegation in the bill relating to them respectively; except that the marriage of the latter with Maj. ”

“ Gen. Laws Or. (1843-1872,) pp. 264, 265, tit. 8, §§ 771, 775. The statutes upon which the defendants rely as being in force in the District of Columbia, and as applicable to the case, provide: 'Sec. 4. ”