Wilson v. Horn [1904] ScotLR 41_312 (20 February 1904)

The marriage was declared void from the beginning due to the defender's false and fraudulent representations and personation, which circumvented and induced the pursuer to contract the marriage.

Citation: [1904] ScotLR 41_312
Parties: Pursuer: Madeline Kate Elizabeth Daisy Wilson; Defender: Walter Edward Horn
Jurisdiction: Scotland
Judgment Date: 20 February 1904
Procedural Posture: Declarator of Nullity of Marriage / Judgment
Outcome: Decree of nullity of marriage granted.
Legal Topics: Nullity of Marriage, Misrepresentation, Personation

Family Law Nullity of Marriage Misrepresentation Personation

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Parties

Madeline Kate Elizabeth Daisy Wilson

Pursuer

Walter Edward Horn

Defender

Procedural Posture

Declarator of Nullity of Marriage / Judgment

Legal Issues

1 Whether the marriage was void due to false and fraudulent representations and personation by the defender.

Ratio Decidendi

The marriage was declared void from the beginning due to the defender's false and fraudulent representations and personation, which circumvented and induced the pursuer to contract the marriage.

Court Disposition

Decree of nullity of marriage granted.

Orders

Marriage between pursuer and defender declared void ab initio.
Pursuer declared free to marry any free man as if she had never been married to the defender.