O'Callaghan v Cooper
Jurisdiction | England & Wales |
Judgment Date | 01 January 1817 |
Date | 01 January 1817 |
Court | High Court of Chancery |
English Reports Citation: 34 E.R. 889
IN CHANCERY
o'callaghan v. cooper, 5 Ves. 117.-1. In many cases, where consent to a marriage has been given on the offer of a settlement, though the intention may seem to have been, that the settlement should be before marriage, still, a settlement after marriage has been held sufficient ; Dashwood v. Lord .Bulke.ley, 10 Ves. 244 ; for Courts of .Equity are always disposed to be most liberal in the construction of agreements, on the faith of which marriage has taken place, and in enforcing the execution of such agreements on both sides ; see, ante, the note to Luders v. Anstey, 4 V. 501. 2. No costs can bo given to a trustee, whose neglect, caprice, or mistake, has been the solo cause which rendered the suit necessary. Caffrey v. Darby, 6 Ves. 497. Taylor v. (UanvUle, ,'.! Mad. 178. Jones v. Lowin, 1 Cox, 199.
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