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according action administration admitted adultery affidavit afterwards allegation allowed alter appears apply appointed authority brought called cause circumstances civil codicil Commissaries condonation consequence consideration considered contract Court death deceased deceased's decision decree defender deponent died direct divorce domicil doubt effect England English entered entitled established evidence examined execution executor facts foreign former further give given granted ground hand held husband important intention interest James John Judges judgment jurisdiction King leave legacy legatee letter lived Lord March marriage married mind Motion nature necessary never objection observed opinion original parties person pleaded present principle probate proceedings pronounced proof proved pursuer question reason received regard relation residence respect rule says Scotland separation sister sufficient suit taken tion whole wife witness
Sayfa 438 - It is ordered and adjudged, by the Lords Spiritual and Temporal in Parliament assembled, that the...
Sayfa 448 - In most civilized countries, acting under a sense of the force of sacred obligations, it has had the sanctions of religion superadded. It then becomes a religious as well as a natural and civil contract : for it is a great mistake to suppose that because it is the one, therefore it may not likewise be the other.
Sayfa 283 - On the part of Draper, an allegation consisting of seven articles was given in. The first pleaded in substance as follows: — 1. That Ann Branen died on the 30th of August, 1825, without issue, leaving her husband ; Elizabeth Lee, spinster, her sister, and Mary — (wife of George Wilson) — formerly Freeman, her niece — the only persons who would have been entitled to her personal estate in case she had died intestate and unmarried.
Sayfa 495 - says Lord Mansfield, ' established ex comitate et jure gentium is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception where the parties at the time of making the contract had a view to a different kingdom.
Sayfa 105 - ... every such offender shall be guilty, of a misdemeanor, and being convicted thereof, shall be liable to any of the punishments which the court may award as hereinbefore
Sayfa 387 - ... matrimonii, and therefore, in the beginning of the reign of Queen Elizabeth, the opinion of the Church of England was, that after a divorce for adultery the parties might marry again ; but in...
Sayfa 395 - Right Policy and Civil Government may be made the same throughout the whole United Kingdom, But that no alteration be made in Laws which concern private Right except for evident Utility of the Subjects within Scotland.
Sayfa 248 - The influence to vitiate an act must amount to force and coercion destroying free agency — it must not be the influence of affection and attachment — it must not be the mere desire of gratifying the wishes of another; for that would be a very strong ground in support of a testamentary act: further there must be proof that the act was obtained by this coercion — by importunity which could not be resisted; — that it was done merely for the sake of peace — so that the motive was tantamount...
Sayfa 524 - De his qui conjuges suas in adulterio deprehendunt, et iidem sunt adolescentes fideles, et prohibentur nubere, placuit ut in quantum possit consilium eis detur, ne viventibus uxoribus suis, licet adult cris, alias accipiant.
Sayfa 389 - ... also, between persons able to contract, was before the late act deemed a valid marriage to many purposes; and the parties might be compelled in the spiritual courts to celebrate it in facie ecdesia. But these verbal contracts are now of no force to compel a future marriage.