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1 In the Supreme Court of the State of New York. Sarah M. Draper, Respondent, against Clarissa Draper et al., Appellant 1877

handle is hein.trials/abhr0001 and id is 1 raw text is: In the Supreme Court.
SARAH M. DRAPER, Respondent, against CLAR-
ISSA DRAPER, Appellant, and SOPHRONIA
FORD, JAMES H. DRAPER, MARY
ROWLEE, and     ELI DRAPER.
POINTS       FOR     APPELLANT.
This is an appeal from an order of the Special
Term overruling the demurrer of defendant Clar-
issa to the complaint on grounds, among others,
that the complaint does not state facts sufficient to
constitute a cause of' action.
The facts omnitted which the defendant insists
are U/h .pcu.salle to constitute a cause of action,
with those stated in the complaint, are as follows,
to wit:
Kist--A valid marriage and the contract un-
dh'ssolred at the time the estate in the land was ac-
quired, and undissolved for the adultery of the
wife at the time of the commencement, of the ac-
tion.
Second-That, during that marriage, said Thom-

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