This section contains the nature of the case and procedural background.

During the issue of probating a will, the competency of the deceased became an issue. D offered into evidence certain letters received by Marsden, the deceased whose capacity was being questioned, from persons since dead. The letters were excluded from evidence. The verdict was returned for P's lessor, and D sued out a writ of error to the Exchequier Chamber from the judgment entered thereon. The judgment was affirmed by an equally divided court. On further writ of error, the House of Lords passed judgment.

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