Alexander v. Alexander [1920] ScotLR 423 (02 March 1920)

Alexander v. Alexander [1920] ScotLR 423 (02 March 1920)

The pursuer, having full knowledge of the defender's pregnancy by another man, registered the child as his own and cohabited with the defender, thereby adopting and homologating the marriage. Fraud, once discovered and adopted, cannot be used to nullify the marriage. The plea of personal bar is sustained, and the action fails.

Citation
[1920] ScotLR 423
Parties
Pursuer: Robert Alexander; Defender: Mrs Ruth Crawford or Alexander; Defender: Isabella Beveridge Alexander
Jurisdiction
Scotland
Judgment Date
02 March 1920
Procedural Posture
Action for Declarator of Nullity of Marriage / Appeal From Lord Ordinary to Inner House, Second Division
Outcome
Action dismissed; defenders assoilzied.
Legal Topics
Nullity of Marriage, Fraud, Condonation, Adoption of Marriage, Personal Bar
Family Law Nullity of Marriage Fraud Condonation Adoption of Marriage Personal Bar

Case Brief

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Parties

Robert Alexander

Pursuer

Mrs Ruth Crawford or Alexander

Defender

Isabella Beveridge Alexander

Defender

Procedural Posture

Action for Declarator of Nullity of Marriage / Appeal From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether marriage is null due to fraud regarding pregnancy by another man
  2. 2 Whether pursuer condoned or adopted the marriage after learning the facts
  3. 3 Whether registration of child and cohabitation constitute adoption or homologation of marriage

Ratio Decidendi

The pursuer, having full knowledge of the defender's pregnancy by another man, registered the child as his own and cohabited with the defender, thereby adopting and homologating the marriage. Fraud, once discovered and adopted, cannot be used to nullify the marriage. The plea of personal bar is sustained, and the action fails.

Court Disposition

Action dismissed; defenders assoilzied.

Orders

  • Interlocutor of Lord Ordinary recalled.
  • Third plea-in-law for defender sustained.