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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 131   View pdf image (33K)
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GOUGH VS. CRANE. 131
In the case of Dugan vs. Gittings, there was not a shadow
of doubt of the agreement and the delivery of the possession
of the property to the daughter in pursuance of the agreement.
The Court speaks of the agreement to give in consideration of
the marriage, and the delivery of the possession tinder the
contract as being supported " by a mass of proof which it was
impossible to resist." And they say that the performance of
the consideration, and the change of possession under the con-
tract are ingredients which, when combined, have always been
regarded as relieving the parol agreement from the operation
of the statute. But in this case there is no legal admissible
testimony of mutual promises to marry, all the proof upon that
subject being found in the declarations of the lady made in the
absence of the husband, and it is only from the fact that the
marriage did in fact take place shortly after the date of the
conversations, that the agreement of the parties to be married
can be inferred.
Conceding, however, that the circumstances are sufficiently
strong to infer a mutual promise to marry, it is very clear that
there is no evidence to bind the husband to the terms of the
agreement, as stated by the wife to the witnesses. These terms
were, that there was an agreement between her and Colonel
Crane. " That he, Colonel Crane, was to have all her bonds
and notes; and that he was going to allow her the interest of
them for pin money." This is the proof of one witness. The
other witness proves that Mrs. Gough said, " that she and
Colonel Crane had made a bargain. Witness asked her what
the bargain was; and she replied, that she had given all her
notes for her money to Colonel Crane; and he promised to
give her the interest of them as long as she lived." Now, with
regard to this part of the contract, which is unquestionably
very material, because it essentially impaired, if it existed, the
marital rights of the husband, there is no proof whatever other
than the declarations of the woman made in the absence and
out of the hearing of the husband. And it cannot therefore
be pretended that, if the positions of these parties were
changed, and she was asking the Court to enforce the contract,

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Reports of Cases in the High Court of Chancery of Maryland 1846-1854
Volume 200, Volume 3, Page 131   View pdf image (33K)
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