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In an action betwixt George Muirhead and Janet Daniston, the relict of umquhile Mr James Muirhead, the Lords found the contract of marriage satisfied, in so far as Mr James, in his own time, had provided her to an annualrent of 4 merks, which was above the annualrent of L., in which Mr James was obliged to infeft her; and that, notwithstanding there was no relation made, that the same was for fulfilling of the contract of marriage, and also, notwithstanding of the 4 merks, to which she was provided, was alleged to be her own gear, which she got from her first husband, which they offered to prove by the contract itself, which bore, that the sum of merks was promitted to them by Mr Samuel Ellis, for the price of the half of the wares, being in the stamp shop, whereof the said Samuel and Andrew Ellis, first spouse to the said Janet, were partners.
