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Excerpt from The Revised Reports, 1804-1806, Vol. 8: Being a Republication of Such Cases in the English Courts of Common Law and Equity, From the Year 1785, as Are Still of Practical Utility
Leahe v. Leahe, 10 Ves. 477, has been deliberately not reprinted, although Sir W. Grant refers to it as a sub sisting authority in Onslow v. Michell, 18 Ves. 490. It is now clear from the judgments of Lord Selborne and Sir W. M. James in Cooper v. Cooper (1873) L. R. 8 Ch. App. 813, 826, 829, that Lord Eldon's extra-judicial remarks in Leahe v. Leahe are not of authority, and must not be taken as in any way qualifying the efiect of Tw isden v. Twisden. The decision itself would now be followed, if at all, only in the construction of exactly similar words see per Lord Selborne, L. R. 8 Ch. App. At p. 828.
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