Gentle, J.

1. This is a petition by Mr. William Hudson praying that the ceremony of marriage which he celebrated with the respondent on 20th April 1935, should be declared null and void on the ground that at the time of such celebration of marriage there was in full force and existence a marriage between the respondent and Mr. Webster at that time, The petitioner was previously married and his wife, who was the sister of the respondent, died in February 1934. Later in that year the petitioner contemplated marriage with the respondent. He knew from his relationship by marriage with her and the fact that she had stayed with himself and his wife on a number of occasions that she had gone through a ceremony of marriage with Mr. T.A. Webster. The respondent had left Mr. Webster some time before February 1934 and was living with the petitioner, and his then wife. The respondent had told him that a previous wife of Mr. Webster whom that gentleman at the time he went through a ceremony of marriage with the respondent believed to be dead, and whom he had not seen for more than seven years, had been discovered to be alive at the time of the ceremony of marriage between the respondent and