Puterbaugh's Chancery Pleading And Practice : a Practical Treatise On the Forms of Chancery Suits, Pleadings And Practice, Now in Use in the State of Illinois, And Wherever the Same System Prevails, With Forms of Bills, Answers, Pleas, Demurrers, Exceptio

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(h) Ayl. Parer. 360.
rt) 1 Robert, 279 ; 3 Phill. 325, 1 Eng. Eccl. R. 408, 409.
BILLS FOE DIVOKCE. 487 Natural Impotency.
of procreation, he cannot complain on the ground of unfruit- fdlness. (J) If the party married be within that age, and have the power of copulation, there is, ordinarily, no" means of cer- tainly determining that at the time of the marriage an incura- ble sterility existed. Indeed medical writers have stated with- out qualification, that there is no bnch means, (k) which is
... probably true, wherever there is no discoverable malformation.
In all the reported cases, therefore, the principal inquiry has beeu as to the ability to copulate, and when, from any cause which is irremediable, there is an inability, the object of the marriage is frustrated. (I) Every marriage contract implies a capacity in the parties of consummation, (wi) When a person, knowing his own defect, induces another, who is ignorant of it, to marry him, he com- mits a gross fraud and a grievous injury ; (n) and when he is himself ignorant of it, there is equally a violation of the con- tract, and an equal injury, though there be no intentional wrong.


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