Whitmore against Whitmore.

by Edward Simpson

Arches Court, Hilary Term, February 28th, 1752. – Suit for a divorce, by reason of cruelty.

Mabell Whitmore brought a suit in the Consistory Court of London against George Whitmore, her husband, for a divorce for cruelty; she pleaded great variety of facts of cruelty for a long series of years, and examined many witnesses, who made as strong proof as possible. The Chancellor of London, Dr. Simpson, gave sentence for a divorce, and settled an alimony on her of 70l. a year. I was originally counsel for the wife. The husband appealed to the Arches, but never pleaded in either court; the cause upon the appeal was heard before Dr. Pinfold, Surrogate to me as Dean of the Arches, who affirmed the sentence of the Chancellor, and Whitmore appealed to the Delegates.

(a) As for the evidence, see my notes.

(a) Whitmore v. Whitmore was appealed to the High Court of Delegates, on 5th June, 1752, but did not proceed to a sentence in that court. It appears from the assignation books, that, on the 15th November, 1753, the proctors for the parties litigant alleged the cause to be agreed.