A Treatise of Marriage and Divorce: With the Practice and Procedure in Divorce and Matrimonial Causes: The Acts, Rules and Regulations Forms of Pleadings, and Table of Fees
A Treatise of Marriage and Divorce: With the Practice and Procedure in Divorce and Matrimonial Causes: The Acts, Rules and Regulations Forms of Pleadings, and Table of Fees
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. 1879 Excerpt: ...mere incapability of to sufitajn conception--is not sufficient ground whereon to found a the suitdecree of nullity; yet if she be so incurably malformed as to be unfit for proper sexual intercourse, the man is entitled to a decree, for if the intercourse be so imperfect as to be scarcely natural, it is, legally ...
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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. 1879 Excerpt: ...mere incapability of to sufitajn conception--is not sufficient ground whereon to found a the suitdecree of nullity; yet if she be so incurably malformed as to be unfit for proper sexual intercourse, the man is entitled to a decree, for if the intercourse be so imperfect as to be scarcely natural, it is, legally speaking, no intercourse at all, inasmuch as it fails to attain one of the principal ends of matrimony--the protection against illicit intercourse by the lawful indulgence of the passions. In the singular case of D. v. A? the parties were, when married, of the respective ages of twenty-six and twenty-five years, and cohabited for nearly two years before the commencement of the suit. The medical evidence showed that the woman was so malformed as to be irremediably incapable of procreation or conception, though there might be connection of a very imperfect character, owing to the peculiar and unnatural formation of the vagina; it being an impervious cul de sac, incapable of elongation, and admitting only a very partial insertion of the penis. The marriage was annulled. The ages of the parties at the time of marriage are The ages also to be considered, for although there is no legal limit pies to to the age at which a right to complain ceases, and few? conmen may be found willing to agree with the dictum of 7 1 Roberts, 279. Sir J. Nicholl, that a man of sixty who marries a woman of fifty-two should be content to take her tanquam soror,8 yet a man who marries a woman of advanced age ought to take the consequences with her.9 In Briggs v. Morgan, already referred to, the man was forty-two years of age at the time of marriage, the woman being then fifty and a widow.1 Lord Stowell took into consideration the respective ages of the parties, and held that he ...
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