Star.
London, England, 1830-12-24 00:00:00

APPEALS.-HOUSE OF LORDS-Dm. 21.

THE MARQUIS OF WESTMEATH v. THE MARQUIS OF
SALISBURY.
FINAL JUD6DIENT.

This case having stood for judgment this day, the Earl of ELDON
and Lod LYNDHURST attended in the House at three o'clock, for
the purpose of delivering their opinion on it.
The Earl of ELDON observed that he felt much difficulty about
what to do with this case, unless the parties appeared at the bar, and
agreed that it should be finally decided now. This was an appeal floral
a decree of the Court of Chancery in Ireland, respecting two deeds of
separation entered into between the Marquis of Westmeath and Lady
estmeath. One of those deeds was executed in 1817, but it appeared
that the parties had subsequently lived together, and in consequence of
a renewal of their quarrels another deed of separation and maintenance
was executed between them in 1818; yet, after the execution of the
latter deed, it appeared that they lived under the some roof, but it was
contended, by those who supported the validity of the deed, that, though
they had lived in the same house, yet they had not cohabited together,l
and, consequently, that it could not be considered as a condonation.
The question was, whether a Court of Justice would give validity to
such deeds ? When the proceedings had been originally brought into
that house, there was a suit pending between the parties in the
Ecclesiastical Courts, on an application by the Marquis for a resti-
tution of conjugal rights. This was opposed on the grounds of
cruelty. Sir Christopher Robinson decided in favour of the appli-
cation ; and, on an appeal, Sir John Nicholl reversed the de-
cision, and the Court of- Delegates subsequently affirmed the de.
cree of Sir John Nichol!. While these procedings were rad.
ing he, the l'11.:arl of Eldon, had suspended the proceed.
ings in that house, because, if the decree of Sir Cristopher Robinson
should be affirmed, it would be unnecessary to come to any decision
on the validity of those deeds. The question now was whether, in the
conduct of Lady Westmeath, there was such a condonation of antece-
dent cruelty as would warrant a court of equity to enforce the deed ?
If the parties would consent to be bound by the decision of that house,
on the ease as it stood, he (the Earl of Eldon) would feel no difficulty
in saying what a court of justice would do respecting that deed. But
without that consent the parties would be at liberty to go to a court of
justice after the decision of the house; and there might be another ap-
peal afterwards from the decision of the court of justice. So that be
felt much difficulty in what manner the judgment of that house should
be shaped. He did not wish to express his opinion on the deed, lest it
might prejudice one of the parties, in case they should think proper to
go to a court of justice.
Lord LYNDHURST observed that there was no question about the
deed of 1817, for the parties had abandoned it. With respect to the
deed of 1818. he would now repeat what he had stated on a former oc-
casion, that it was invalid. The case of /Hadley v. the Marquis of
Westmeath, as decided a few years ago in the Court of King's Bench was
decisive of the question. He did not mean to say that her Ladyship
(Lady Westmeath) was concluded by that decision, for she was not a
party to it ; but it was an action brought by one of the trustees on '
this very deed, and, it having been solemnly argued on a special ease,
that court were unanimously of opinion that the deed was not valid.
He (Lord Lyndhurst) was not influenced in his opinion solely by that
decision, but by reason of the ease. He, perhaps, might have acted
more prudently, had he, like his noble and learned friend, refrained
from expressing his opinion on the subject, but, having read the case
through within the last 24 hours, be saw no reason for departing from
what he had already said. It was highly desirable that the parties
should agree to have the case finally decided now, and not subject them.
selves to more expense and delay, otherwise there was no probability of
its coming to a termination for many years.
The Earl of ELDON asked if the parties objected to a final determi-
nation now ?

The agent of the Marquis of Westmeath consented, but the agent
of Lady Westmeath observed that he had no instructions on the sub-
ject. He had come down expecting that their Lordships would give
final judgment.
Lord LYNDHURST—Then let judgment be given on the case as it
stands.

The Earl of ELDON felt no hesitation in saying that the deed was
void. He was extremely sorry in feeling called upon to say so, but he
hal over and over again discusicd the matter with himself, and be could
not come to any other conclusion.
The clerk was instructed to draw up the judgment in accordance with
this opinion, that it might be read on the next sitting day.