The Times 1821 - 1830 Jul 15 1822 Elopement

Jul 15 1822 Elopement

The Times, Monday, Jul 15, 1822; pg. 3; Issue 11611; col C                                         LAW REPORT.                                           -------------             COURT OF CHANCERY, SATURDAY, JULY 13.              ELOPEMENT WITH A WARD OF CHANCERY. Mr. SHADWELL said that there was a case which pressed exceedingly, and that it was of that description of cases which his Lordship was in the habit of always giving preference to; he therefore begged permission to mention it. It was in the case of BRADSHAW v. BRADSHAW. A young man at Carlisle had eloped with a young lady, knowing her to be a ward; and they got married in Scotland against her father's knowledge. Mr. HART interrupted the learned Counsel, and said that he appeared on the other side. All that he could say for his client was, that he ought at the time of the marriage to have been at school, for, in truth, he was a perfect boy; and he submitted that the best conclusion that could be come to would be, to order the boy to appear before the Master, and make such a settlement upon the ward as should be then found necessary. His Lordship said that the two learned Gentlemen must agree upon that themselves. Mr. SHADWELL said that he did not wish to be too hard upon the young man, and that he held in his hand an affidavit, saying that they had been married both according to the rites of the church of England, and agreeably to the laws of Scotland. His Lordship asked how that possibly could be? Mr. HART replied, that the only way he could solve the enigma was, that as they decided both acts of equity and points of law in one court house in Scotland, he supposed they also married in their churches agreeable to both the laws of Scotland and England. Mr. SHADWELL then explained, that they had been re-married in England, but begged that that might be examined into when the parties were brought before the master, to which Mr. HART immediately consented.

 

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