BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Ogilvie v. Ogilvie
Date: 23 June 1680
Click here to view a pdf copy of this documet : PDF Copy
One pursues an executor for 500 merks of tocher due by a contract of marriage. Alleged,—The contract can only furnish action for L.100 Scots, because it is only subscribed by one notary and three witnesses. Replied,—The executor can never quarrel it, because he is one of the subscribing witnesses.
The Lords found this should operate so far as to affect his part of the exe-cutry; but it could not prejudge creditors. It is thought a testament with one notary is sufficient, but not a contract of marriage. Vide a remark, 24th July 1679. Yet a contract is very favourable where marriage follows; Dury, 4 th Dec. 1629, Graham.
