Tocher granted in a Contract of Marriage how far presumed in Satisfaction of former Provisions.
Cockburn v. Laird of Cambusnethan
Date: 15 December 1569 Case No. No 152.
A tocher granted to a daughter in her contract of marriage interpreted to be in satisfaction pro tanto of all former special provisions, tho' not so expressed.
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Anent the action by John Cockburn, brother to the Laird of Stirling, against the Laird of Cambusnethan, who married the said Laird's daughter; it was alledged by the said pursuer, That Catharine Charteris, relict of umquhile John Carmichael of M. gave 200 merks to the said defender's daughter to her marriage, and put it in the defender's hands, who gave his obligation to the said Catharine and her son, that he should deliver the said money to his daughter at her perfect age; and, therefore, the said pursuer, who married the said daughter, to whom the said money was given, desired the defender to deliver the said sum to the said daughter, his wife, and to him for his interest, conform to the said obligation. It was alleged by the defender, That he gave the said sum to the King's Treasurer, together with 1000 merks of his own proper money, for the marriage of the Laird bf Lamington to his said daughter; for the which marriage she obtained 1700 merks, with which sum she was married, and disponed thereupon at her pleasure; and therefore he should be assoilzied from payment of the said 200 merks, notwithstanding his obligation; which aliegeance was found relevant by the Lords, who assoilzied from the said sum.
Fol. Dic. v. 2. p. 146. Maitland, MS. p. 191.
*** Similar decisions were pronounced, 27th November 1685, M'Intosh against Robertson, No 2. p. 9619, voce Parent and Child; and 9th February 1699, Earl of Northesk against Lord Phinhaven, No 30. p. 5196, voce Grounds and Warrants.
*** The like was found with regard to an obligation in a father's contract of marriage to secure a sum named to himself and wife in conjunct fee and liferent, and to the heirs and bairns of the marriage in fee; 15th June 1737, Stenhouse against Young, see Appendix.
