The executor of the Sharon estate, on
the 12th of March, 1888, filed a bill of revivor in the United States
Circuit Court. This was a suit to revive the case of Sharon vs. Hill,
that its decree might stand in the same condition and plight in which
it was at the time of its entry, which, being _nunc pro tunc_, was of
the same effect as if the entry had preceded the death of Mr. Sharon,
the case having been argued and submitted during his lifetime. The
decree directed the surrender and cancellation of the forged marriage
certificate, and perpetually enjoined Sarah Althea Hill, and her
representatives, from alleging the genuineness or validity of that
instrument, or making any use of the same in evidence, or otherwise to
support any rights claimed under it.
The necessity for this suit was the fact that the forged paper had not
been surrendered for cancellation, as ordered by the decree, and the
plaintiff feared that the defendant would claim and seek to enforce
property rights as wife of the plaintiff, by authority of the alleged
written declaration of marriage, under the decree of another court,
essentially founded thereupon, contrary to the perpetual injunction
ordered by the Circuit Court. To this suit, David S. Terry, as husband
of the defendant, was made a party. It merely asked the Circuit Court
to place its own decree in a position to be executed, and thereby
prevent the spoliation of the Sharon estate, under the authority of
the decree of Judge Sullivan in the suit in the state court
subsequently commenced.
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