[1569] Mor 8519
Subject_1 MARRIAGE, AVAIL OF.
Date: Wood
v.
Heirs of Kinnocher
2 February 1569
Case No.No 6.
An heir-female having refused to accept a match offered to her, was allowed to accept at the Bar when pursued for the avail.
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Anent the action pursued by Roger Wood against one of the Heirs-female of Kinnocher, for the avail of her marriage, as he that had right thereto, it was alleged by the said Roger, That he had required the said defender lawfully to marry an agreeable party of long time bygone, which the said pursuer had not obeyed, wherefore he called her for the avail of her marriage. It was alleged by the defender. That albeit she had not obeyed the requisition in time bygone, yet, notwithstanding, she is content to take the same in marriage that she was first required to take; which allegeance of the defender was found relevant, and a day assigned to the parties for completing the said marriage; which being done, assoilzied the said defender from the value of her marriage.
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