Robinson v Greinold
| Jurisdiction | England & Wales |
| Year | 1795 |
| Date | 1795 |
| Court | Court of the King's Bench |
English Reports Citation: 91 E.R. 112
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
Pas. 3 Ann. coram Holt C. J. At Nisi Prius at Guildhall.
13. robinson versus greinold. [Pas. 3 Ann. coram Holt C.J. At Nisi Prius at Guildhall.] S. C. 6 Mod. 171. Holt 103. 1 Keb. 69, &c. 1 Vent. 42. 2 Vent. 155. 1 Lev. 47. 1 Mod. 124, 129. Husband not liable for necessaries of the wife after elopement 1SALEELD, 121 BASTARD 113 notorious, unless he takes her again. Ante, 113, 116, 118. 2 Lev. 16. 2 Keb. 554. Lit. Rep. 307. 1 Roll. 351. Co.'Lit. 32, a. b. Sid. 129. Skin. 323. Mod. Cases 171. Though the wife be ever so lewd, yet while she cohabits with her husband he is bound to find her necessaries and pay for them, for he took her for better for worse ; so if he runs away from her, or turns her away : but if she goes away from him, when such separation becomes notorious, whoever gives her credit, does it at his peril (a), for the husband is not liable, unless he takes her again ; for then it is as if a woman had eloped at common law, she thereby lost her dower; but if she came again, and the husband received her, the right of clower is revived. (a) R, ace. Str. 647, 706, 875.
English Reports Citation: 91 E.R. 113
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER.
4 Julii, 9 Ann. At the Court of Delegates in Serjeants-Inn, Fleet-Street.
14. haydon versus gould. [4 Julii, 9 Ann. At the Court of Delegates in Serjeants-Inn, Fleet-Street.] Marriage by a mere layman and cohabitation, will not entitle the man to administration to the woman. Q. as to the woman and issue. 1 Danv. 700, pi. 21. One had issue three daughters. Margaret, married to Richard Gould ; Elizabeth, who married Franklin; and Rebecca, who married Haydon. Rebecca deposited 1801. in the hands of Gould, and took his bond payable to Franklin for her use ; Rebecca died, and Haydon her husband took administration. And now Richard Gould and his wife sued a repeal upon this suggestion, that Rebecca and Haydon were never married ; and it appeared in fact that they were Sabbatarians, arid married by one of their ministers in a Sabbatarian congregation, and that they used the form of the common prayer, except the ring ; and that they lived together as man and wife as long as the woman lived, viz. seven years. On the other hand it appeared, that the minister was a mere layman, and not in orders; upon which [120] the letters of administration were...
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