Inter Theophilum Dom. Suffolk, & Richardum Greenvill Mil. & Bar. & Mariam Ux. Ejus, Def
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1631 |
| Date | 01 January 1631 |
| Court | High Court of Chancery |
English Reports Citation: 21 E.R. 778
LORD KEEPER, JUSTICE HUTTON, JUSTICE WHITLOCK.
778 suffolk (earl of) v. greenvill nelson, 15. [15] inter theophilum dom. suffolk, & richardum greenvill mil. & bar. & mariam TJx. ejus, Def. Lord Keeper, Justice Hutton, Justice Whitlock, 26 Julii, 7 Car.l [1631]. The Defendant the Lady Greenvill, whilst sole, had a Decree against the Earl of Suffolk for 600 per Annum, against which Decree the Earl prayed to be relieved, in regard there was a verbal Agreement between Sir Richard Greenvill and the said Lady before Marriage, that she should have the sole Disposal of the said 600 per Annum : That accordingly, before the said Marriage, she by Deed assigned the Benefit of that Decree to one Cutford, and that afterwards she and Cutford released the same to the said Earl; but not having the said Deeds to produce, and alledging that Sir Richard Greenvill had got and cancelled the same, which he denied, it was ordered that he and Cutford should be examined upon Interrogatories to discover the said Deeds, or Copies thereof; and accordingly they were examined: But the Matter being not cleared by such Examination, or what were the Contents of such Deeds, the Court were all of Opinion, that [16] there was no sufficient Proof to bar Sir Richard Greenvill from the Benefit of the said Decree, for that the Arrears of the said 600 per Annum being in its own Nature a Thing of Action, and so to be meerly recover'd by the Process of this Court, cannot in Law be assigned over to another. So that if the Assignment to Cut-ford had been proved (as it was not), it would have been a void Assignment in Law, and ought not to be supported in a Court of Equity, especially where no Consideration appears to make it better in Equity than it is at Law. They were all of Opinion, that the verbal Agreement of Sir Richard Greenvill, in Consideration of the said Marriage, was to subvert both the Grounds of Law, and the Right which was vested in him by the Inter-marriage ; and therefore if...
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