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Holland v. Holland

Hannah Holland, Libellant, versus Richard Holland

Holland v. Holland, 2 Mass. 154 (1806)
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Court
Massachusetts Supreme Judicial Court · State Highest Courts
Decided
October 15, 1806
Citations
2 Mass. 154
Headnotes
Upon a libel for a divorce, evidence of the confession of adultery by the party charged, and of his having made satisfaction to the husband of the particeps criminis, will not support the libel.
Summary
This was another libel for the like cause as the last case. The only evidence offered to prove the adultery was the confession of the respondent that he had committed the crime with a certain married woman, and had made a pecuniary satisfaction for the injury to the husband.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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By the Court.

The rule is established by uniform practice that the confession of the party, unsupported by other evidence, is not sufficient to ground a divorce upon. To vary from this rule would be opening a door for the collusion of parties, and be attended with consequences very mischievous to society. If the confession of either party was sufficient evidence to obtain a divorce a vinculo, a contract of marriage would be at the will of both the parties. (a)

The divorce was refused.

Baxter vs. Baxter, 1 Mass. Rep. 346 . — Betts vs. Betts, 1 Johns. Ch. R. 197.

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