hl Marriage Articles, Fraud – Proof –
(1) Reduction of marriage articles on the head of imbecility and fraud, sustained by the Court of Session, in respect of the suspicious and unequal nature of the whole transaction, but reversed in the House of Lords, in respect the marriage had followed thereon, and that fraud or imbecility was not proved. (2) The lady’s mother was offered as a witness, but objected to on the ground of malice against the appellant. Objection repelled, and proof of reprobators refused. (3) The physician who attended the lady’s father, and who was charged with having availed himself of the opportunities which his attendance afforded, to induce the marriage settlement, rejected as a witness in support of the deed.
Citations:
[1753] UKHL 1 – Paton – 547, (1753) 1 Paton 547
Links:
Jurisdiction:
Scotland
Family
Updated: 28 June 2022; Ref: scu.558214