Marsh v. Whittington

Decided April 15, 1906

Mississippi Supreme Court · decided 1906-04-15

From the chancery court of Adams county. IIon. William P. S. Ventress, Chancellor. Whittington, the appellee, was complainant in the court below; Miss Marsh, the appellant, was defendant there. From a decree annulling the pretended marriage between the parties the defendant appealed to the supreme court.

Cited by 1 later decisions — most recently February 1931

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1906-04-15

View the full empirical analysis of this case →

Oaxhoon, J.,

¶1delivered the opinion'of the court.

¶2The contract of marriage, like any other contract, may be annulled on the grounds of duress, such as to deprive the party of his free will. In this case, the chancellor held that there was no free will because of the fear of bodily harm. 2 Nelson on Divorce, secs. 617 — 622; Anderson v. Anderson, 147 N. Y., 719 (42 N. E. Rep., 721) ; Sloan v. Kane, 10 How. Prac. (N. Y.), 66; Smith v. Smith, 51 Wis., 665 (8 N. W. Rep., 868); Marks v. Crume, 29 S. W. Rep., 436 (16 Ky. Law Rep., 707) ; Bassett v. Bassett, 9 Bush (Ky.), 696. The chancellor held that there was such duress in this case, and that there was no subsequent ratification, and, on this record, we concur in his holding.

¶3Affirmed.