The Lady Cox's Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1734 |
| Date | 01 January 1734 |
| Court | High Court of Chancery |
English Reports Citation: 24 E.R. 1091
SIR JOSEPH JEKYLL, MASTER OF THE ROLLS.
Case 88-The Lady Cox's Case. [1734.] Sir Joseph Jekyll, Master of the Rolls, 2 Eq. Ca. Ab. 182, pi. 6 ; 258, pi. 13. A. having a wife who lived separate from him, afterwards courted and married another woman, who knew nothing of the former wife's being alive : but it being discovered to the second wife, that the former was alive, A. in order to prevail with the second wife to stay with him, some years afterwards gave a bond to a trustee of the second wife, to leave her 1000 at his death and died, not leaving assets to pay his simple contract debts; if this bond had been given immediately on the discovery, and they had parted thereupon, it had been good; but being given in trust for the second wife, after such time as she knew the first wife was living, and to induce her to continue with A. ; this was worse than a voluntary bond, and decreed to be postponed to all the simple contract debts. Sir Charles Cox, & brewer in Southwark, having a wife that lived for some time separate from him, made his addresses to a young woman in order to marry her, who at 1092 cox's (creditors of) case 3 p. wms. 340. length, against the approbation of her friends, consented to marry him. Accordingly they were married; but the young woman had no manner of notice that Sir Charles Cox had any former wife then living. Some time after the marriage, it was discovered, that Sir Charles had another wife then living, which gave great [340] trouble and uneasiness to this second wife ; but she having disobliged her friends by the marriage, and Sir Charles telling her, that his first wife was in years, very infirm, and not likely to live, and that in case he should survive such first wife, he would marry her; this lady was prevailed upon to continue to cohabit with Sir Charles ; and about five or six years afterwards, Sir Charles gave a bond to a trustee of the second wife, to leave her 1000 at his death ; and Sir Charles soon after dying, the plaintiff, the lady, brought her bill for this 1000 ; and there happening to be a deficiency of assets to pay the simple contract debts, the question now was, whether this 1000 thus secured by bond should take place of the simple contract debts 1 It was insisted for the plaintiff, that she was an innocent young lady, greatly injured by Sir Charles Cox, who pretending to be a single man, and having made his addresses as such, had drawn her in to marry...
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Priest v Perrott
...Moseley, 6 B. & C. 133. See, also, where there was no knowledge on the part of the woman that the man was married, The Lady Cox's case, 3 P. Wms. 339. In the Portsmouth, Portsea, Gosport ami South Hants Banking Company v. Beldham, a creditors' suit instituted in June 1866, by the official l......
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Whitaker v Wright
...of Equity, in the ordinary course of administering assets, will distinguish a voluntary bond from one given for value, Lady Cox's case (3 P. Wms. 339); Jones v. Powell (Eq. Cas. Abr. 84, pi. 2); GUlham v. Locke (9 Ves. 612); Assignees of Gardiner v. Shannon (2 Sch. & Lef. 228); and, secondl......
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Sophia Nye, Spinster, Henry Nye and Charles Nye, Infants, by the said S. Nye, their Mother and Next Friend, against John Moseley
...given in consideration of past cohabitation is good, Walker v. Perkins (3 Burr, 1568), Turner v. Faughan (2 Wils. 339), Lady Cox's case (3 P. Wms. 339). Here, the consideration for the bond was past cohabitation. But it will be insisted in this case, that although the above rule be generall......
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Walker v Perkins, Administrator
...of an annuity was dismissed : but with out costs; Priest v. Parrot, 2 Ves. s. 160 ; S. P. Mathews v. , 1 Madd. 558 ; Lady Cox's ca. 3 P. Wms. 339 ; Robinson v. Gee, 1 Ves. s. 254, where a husband had assigned his wife to the obligor, with covenants for quiet enjoyment and further assurance.......