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Colonial Cases

Thorburn v. Stewart, 1871

[marriage settlement]

Thorburn v. Stewart

Judicial Committee of the Privy Council
25 January 1871
Source: The Times, 26 January, 1871.

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Jan. 25.
(Present - Lord Cairns, Sir J. Colville, Sir J. Napier, Sir R. Phillimore, and Sir L. Peel.)
THORBURN v. STEWART.
  This was an appeal from the Supreme Court of the Cape of Good Hope, relating to a marriage settlement. The parties were the trustees of a settlement on the marriage of a Mr. Paterson, and the trustees of the same person under an insolvency.
  Mr. Joseph Brown, Q.C., and Mr. Westlake were for the appellants; Sir Roundell Palmer, Q.C., and Mr. Busk for the respondents.
  The case was opened on Monday and adjourned until today to enable Sir R. Phillimore to sit in the Court of Admiralty.
  The appellants' case having concluded,
  Sir R. Palmer commenced his address for the respondents, but had not finished when the Court rose.
  The case will be continued today.

Source: The Times, 27 January, 1871


THORBURN AND ANOTHER v. STEWART AND ANOTHER. - JUDGMENT.
  This case, on appeal from the Cape of Good Hope, was continued at the sitting of the Court. As already stated in The Times, it related to a question between the trustees of a marriage settlement of a Mr. John Paterson and the trustees of his insolvent estate on a matter of Dutch law.
  Mr. Joseph Brown, Q.C., and Mr. Westlake were for the appellants; Sir R. Palmer and Mr. Busk for the respondents.
  Lord Cairns, on the conclusion of the argument, and after consulting with their Lordships, gave a lengthened judgment on the legal question raised. Their Lordships partly decided in favour of the appellants and partly in favour of the respondents, and the result was that their Lordships gave no costs to either side.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School