At page 284 cited at this page1 citing case
- Harrison v. Stipp, 8 Blackf. 455 (Ind. 1847).publishedUnder similar statutory provisions, both these points have been so decided in Massachusetts, and, we think, correctly. 2 Mass. R. 154 . — 8 id. 284. — 14 id. 143. — 17 id. 299.— 2 Pick. 331 . — 12 id. 47.
At page 299 Requirement for debtor opportunity to choose appraiser1 citing case
- Crane v. Hardy, 1 Mich. 56 (1848).publishedIt has been held under those statutes, that it must appear by the sheriff’s return that the debtor had an opportunity to choose an appraiser. 2 Mass. 154 ; 8 id. 284: 17 id. 299; 12 Pickering 47; 3 N. H.
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.