Lang v. Lang [1920] ScotLR 38 (06 November 1920)

Lang v. Lang [1920] ScotLR 38 (06 November 1920)

Fraudulent concealment or misrepresentation by a wife as to pregnancy by another man at the date of marriage does not constitute a ground for annulment of marriage under Scots law; the contract of marriage is not voidable on such grounds, and Stein v. Stein is overruled.

Citation
[1920] ScotLR 38
Parties
Pursuer: Walter Lang; Defender: Violette Trainer Pieroni or Lang; Defender: Walter Pieroni or Lang
Jurisdiction
Scotland
Judgment Date
06 November 1920
Procedural Posture
Civil / Appeal Before Inner House, Court of Session (seven Judges)
Outcome
Pursuer's averments for nullity of marriage held irrelevant; interlocutor allowing proof recalled; cause remitted to Lord Ordinary to proceed as accords.
Legal Topics
Nullity of Marriage, Fraudulent Concealment, Fraudulent Misrepresentation, Marriage Validity, Contract Law and Marriage
Family Law Nullity of Marriage Fraudulent Concealment Fraudulent Misrepresentation Marriage Validity Contract Law and Marriage

Case Brief

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Parties

Walter Lang

Pursuer

Violette Trainer Pieroni or Lang

Defender

Walter Pieroni or Lang

Defender

Procedural Posture

Civil / Appeal Before Inner House, Court of Session (seven Judges)

Legal Issues

  1. 1 Whether a marriage is voidable if the wife, pregnant by another man at the date of marriage, fraudulently concealed or misrepresented the paternity to her husband.
  2. 2 Whether fraudulent concealment or misrepresentation as to paternity constitutes a ground for annulment of marriage under Scots law.

Ratio Decidendi

Fraudulent concealment or misrepresentation by a wife as to pregnancy by another man at the date of marriage does not constitute a ground for annulment of marriage under Scots law; the contract of marriage is not voidable on such grounds, and Stein v. Stein is overruled.

Court Disposition

Pursuer's averments for nullity of marriage held irrelevant; interlocutor allowing proof recalled; cause remitted to Lord Ordinary to proceed as accords.

Orders

  • Recall of interlocutor in so far as it allowed proof of averments regarding nullity of marriage.
  • Remit to Lord Ordinary to proceed as accords.