Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Johnston
v.
Roreson

Date: 26 November 1624

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In an action betwixt Johnston and Roreson, for payment of a yearly duty, conform to the defender's promise made to the pursuer,—the Lords found the promise null and ineffectual to produce any action against the maker, because it was a promise made by the defender to an interposed person, to the behoof and in favours of the wife during the time of their marriage; and so was not obligatory:—albeit it was replied that the promise ought to be maintained, seeing, howsoever it was made, stante matrimonio, by the husband, to the behoof of the wife, yet, since the making thereof, divorcement had followed; since which divorcement, and also before the divorcement, the promise had taken effect by payment-making of the yearly duty promised, divers years both before and since they were divorced. Notwithstanding whereof the promise was found not obligatory.

Act. M'Gill. Alt. Cunninghame. Gibson, Clerk.

Vid. 9th January 1623, Marshall; 11th January 1625, Hamilton's Inhibition; 21st December 1626, La. Foulis.

Page 154.