Clagett v. Kin

308 A.2d 245 (1973)

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Nature of the Case

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Facts

A court sitting in Juarez, Mexico granted divorce decrees. All the litigants involved live in Maryland and made separate journeys to Juarez to get their divorces. King (P) was a successful physician in Baltimore. He was married to Mary Vickers and had four children. Agnes Sasscer (D) was married to Henry Glagett with two children from that marriage. It turns out that D and P had met each other in the '30s for a brief period of time before they became established in life. After twenty years of being married D and P met once again and love blossomed. They eventually hatched a plan that each would seek a divorce so that they could marry each other. They decided on the Mexico solution. D moved out of the house and negotiated a separation agreement with part of that arrangement contemplating that Mr. Clagett execute a power of attorney for his consent to a divorce decree from Juarez. D then flew to Juarez and obtained a divorce. P worked out a similar deal with his wife and flew to Juarez and obtained his divorce. Two months later P and D were married. Once they lived together, their ideal bliss turned to out and out war. D eventually ordered P to leave the residence. P sued to void the marriage in that their original divorces from Mexico were invalid. The annulment was granted, and D appealed.