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Scottish Court of Session Decisions >>
Mr George Norval v Margaret Hunter. [1665] Mor 12517 (29 June 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2912517-393.html Cite as:
[1665] Mor 12517
A contract of marriage found sufficient to support a wife's sasine even in competition with an apprising.
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Mr George Norval having apprised certain lands, pursued for mails and duties against Margaret Hunter possessor, she compeared and proponed a defence, That she stood infeft in the lands, by a right from her husband before the apprising, but for proving thereof she only produced her sasine.
Which the Lords found not to prove without a warrant, and therefore decerned.
She suspends, and now produces her contract of marriage, as the warrant of the sasine, and offers to make faith, that she had found it out since the decreet; and farther alleged, That through neglect of the advocates or clerks, her defence was not proponed, noways acknowledging the quantities libelled, which she offers to prove to be exorbitant. It was answered, first, That prætextu instrumentorum de novo repertorum sententiæ non sunt retractandæ. 2dly, The contract produced is not the warrant of the sasine, but a bond granted for implement of the contract, and relating to the sasine.
The Lords reponed the suspender, as to the circumduction of the term, she making faith, &c. and found the contract of marriage a sufficient adminicle to astruct the sasine, seeing it related to a bond for the same cause, but refused to repone her as to the quantities.
