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which Lord Campbell and Lord Cranworth expressed in the other direction, that the marriage would have been valid if the parties had been domiciled in Denmark, those were really obiter, they were not necessary to the decision of the facts. The parties were admittedly not domiciled in Denmark, but admittedly domiciled in England. The only question, therefore, was, being domiciled in England, was the marriage in Denmark valid? and any remarks of their lordships as to whether the marriage would have been good had they been domiciled in Denmark were clearly obiter. But still they were the opinions of Lord Cranworth and Lord Campbell against the opinions of Lord Wensleydale in the House of Lords, and in the Court below of Sir Cresswell Cresswell.
Now, Sir, I think that is not a very satisfactory condition of things, and although I believe it is the general opinion of English lawyers, I know it was the opinion of Lord Justice Jessel, I believe it was the opinion of the greatest of English lawyers, that the views of Lord Campbell and Lord Cranworth were the correct views upon the subject, rather than the views taken by Lord Wensleydale and Sir Cresswell Cresswell, still the matter should not remain in this condition of doubt, but certainly should be put upon a perfectly intelligible and certain basis.
Then there is this to be said too, even assuming that the opinions of Lord Campbell and Lord Cranworth were right, that the marriage would have been good had the parties been domiciled in the country where the marriage was lawful, still there comes up this question, which is also indisputable, and that is, that even although the marriage is lawful in the country in which it is celebrated, still, as far as its recognition in England is concerned, when it comes to the issue inheriting land, the issue to inherit
