Scottish Court of Session Decisions

Subject_1 MARRIAGE, AVAIL OF.

Tullibardine
v.
Drummond

Date: 14 March 1579
Case No. No 7.

Found in conformity with - - against Crichton, No 5. p. 8518.

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The young Laird of Tullibardine having obtained the ward and marriage of one Drummond, called him for the single avail of the said marriage, by reason he being lawfully required to marry a gentlewoman, equal in degree in all things to him, he refused the same. He answered, he was now ready to marry the said gentlewoman, and albeit he refused her, because he never saw her, nor knew her, et quod opus est deliberatione in ducenda uxore, and the time was not longer given but two or three months. To this was answered, that sinsyne she was contracted with another, and because of his refusal, the Lords repelled the allegeance of the defender, and decerned him to pay the avail of the marriage, because of the refusal.

Fol. Dic. v. 1. p. 568. Colvil MS p. 281.