Delpit v. Young
51 La. Ann. 923, 25 So. 547, 1899 La. LEXIS 500 (1899)
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Rule of Law:
A mistake as to the personal qualities or character of a spouse, such as their pre-marital chastity, does not constitute a 'mistake respecting the person' under the Louisiana Civil Code and is therefore not a sufficient ground for the annulment of a marriage.
Facts:
- George Augustin Delpit, aged 20, lived with his parents.
- Delpit believed Lizzie Young was a virtuous woman.
- On September 28, 1897, Delpit married Young in New Orleans without the knowledge or consent of his parents.
- After the marriage, Delpit was informed that Young had previously engaged in illicit relationships with other men.
- Upon learning of Young's past, Delpit immediately ceased cohabiting with her.
- Delpit's parents objected to the marriage as soon as they learned of it.
Procedural Posture:
- Auguste F. Delpit and his son, George Augustin Delpit, filed a petition in a Louisiana trial court against Lizzie Young to have her marriage to George declared null and void.
- Young filed exceptions to the petition, arguing it failed to state a valid cause of action.
- The plaintiffs then filed a supplemental petition.
- The trial court judge maintained the defendant's exception and dismissed the plaintiffs' suit.
- The Delpits, as appellants, appealed the trial court's dismissal to the Supreme Court of Louisiana.
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Issue:
Does a party's pre-marital unchastity, unknown to the other party at the time of marriage, constitute a 'mistake respecting the person' under Louisiana Civil Code Article 110 sufficient to serve as a ground for annulling the marriage?
Opinions:
Majority - Monroe, J.
No, a party's pre-marital unchastity, unknown to the other, does not constitute a 'mistake respecting the person' sufficient to annul the marriage. The court first dismissed the claim based on lack of parental consent, citing Civil Code Article 112 which explicitly prohibits annulling a minor's marriage for that reason. The court then addressed the primary claim of 'mistake respecting the person' under Article 110. It determined that this provision, historically rooted in French law, refers to a mistake of physical identity (marrying the wrong individual) rather than a mistake about a person's qualities, character, or past actions. While some later French commentators argued for a broader interpretation to include character flaws, the court found the original, narrower interpretation more appropriate for Louisiana's legal and social context. The court reasoned that if the legislature had intended to allow annulment for mistakes about character, social standing, or past behavior, it would have used more explicit language. Extending the definition would destabilize the institution of marriage by allowing annulments for discoveries of any 'redhibitory' vices, from bad habits to hereditary diseases, which is contrary to public policy.
Dissenting - The Chief Justice and Blanchard, J.
The Chief Justice and Mr. Justice Blanchard dissent without a written opinion.
Analysis:
This decision narrowly interprets the grounds for marriage annulment in Louisiana, establishing that deceptions regarding a spouse's character or past conduct do not constitute a 'mistake respecting the person.' The ruling prioritizes the stability and permanence of marriage as a civil contract over the subjective expectations of the contracting parties regarding personal attributes like chastity. By rejecting a broader interpretation that would include 'error in the qualities,' the court prevents the opening of a floodgate of litigation seeking to annul marriages based on post-nuptial discoveries of undesirable traits or histories. This case solidifies the legal principle that, absent a mistake of actual physical identity, parties are bound by their marital vows, for 'better or for worse,' with respect to their spouse's pre-marital character.
