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Scottish Court of Session Decisions >>
Earl of Eglinton v The Countess. [1610] Mor 6185 (14 July 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor1506185-391.html Cite as:
[1610] Mor 6185
Subject_1 HUSBAND and WIFE. Subject_2 DIVISION XI.
Marriage Dissolving within the Year, all things are Restored hinc inde.
Subject_3 SECT. V.
Where the marriage is dissolved through the fault of the parties.
Earl of Eglinton v. The Countess
Date: 14 July 1610 Case No. No 391.
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A marriage sought to be annulled propter impotentiam; if the pursuer seek donationem propter nuptias, her summons in that point cannot be sustained, seeing the separation is not propter violationem conjugalis thori, sed propter impedimentum naturale; and if the defender offer himself to trial, and there be no delay in him, the pursuer should have no longer modification for her aliment.
