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[0000] 1 Brn 227
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Margaret Craig
v.
Olipher Sinclair
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Olipher Sinclair being decerned, by the commissaries of Edinburgh, to marry Margaret Craig, he gives her a bond to complete the marriage with her betwixt and a certain day, and, failing thereof, to pay her the sum of 800 merks; she, after the expiring, finding him to go out of the country, arrests some goods and gear of his, and craves that the same may be made forthcoming. It is alleged, No failyie can be decerned for not completing of the marriage, quia matrimonia debent esse libera; to the which he had been decerned by the commissaries, upon his promise and copulation proven to complete the marriage; so he cannot resile rebus integris. The Lords repelled the exception.
Page 125.
The electronic version of the text was provided by the Scottish Council of Law Reporting