New Reports of Cases Heard in the House of Lords Volume 11; On Appeals and Writs of Error (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 Excerpt: ...be cancelled. v. The agreement that the Appellant and the Re spondent the Marchioness should live together in the same house, preceded the execution, and continued to the time of the execution of the deed, which agreement was in itself sufficient to vitiate and avoid the deed. The deed of the 30th of May, 1818, was obtained from the Appellant by undue influence, and should by the decree have been decreed to be delivered up to be cancelled. By the evidence in the cause, it was plainly established that the real agreement of the parties was in fact different from that expressed in the deed, and was in substance and effect an agreement for an eventual and future separation, wherefore the deed should have been declared fraudulent and void. The decree does not determine whether the deed of the 30th of May, 1818, is invalid or not, and does not direct an issue or an action to try its validity; but leaves the main question in the cause undecided, and therefore is improper, and ought to be reversed. For the Respondent, Lady Westmeath, The Attorney-General, Dr. Lushington, (and Mr. Bacon). The deed of the 30th day of May, 1818, is not contrary to sound policy or good morals, for the reasons in the bill alleged, or for any other reasons; nor invalid, but on the contrary is valid and binding, similar deeds having been upheld by repeated legal decisions of the highest authority. There is no pretence for alleging that the Ap WESTMEATH pellant was deprived, by the deeds in question, of 1831. the society of his wife, or of that control over her to which he was, as her husband, entitled; for, on the contrary, the Appellant, prior to the execution of this or any other deed, had, by the cruelty and violence with which he had treated the Respondent, forfeited all claim to live...