Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Dr Strachan
v.
Robert Keith

Date: 10 January 1627

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Alexander Keith, by his testament, left in legacy 1200 merks to M. his grandchild, to be given her at her marriage, and in the mean time to be employed upon profit to her behoof. After her marriage, Dr Strachan, assignee constituted by her and her husband, pursued Robert Keith, Alexander's son, for that legacy. The defender alleged, that it was discharged by her contract of marriage; in probation whereof, having succumbed, he came back and alleged that he could not have annual-rent after the marriage, because of the express words of the legacy. The pursuer opponed the state of the cause, that the defender, having once proponed a peremptor, could not be heard thereafter to challenge the relevancy of the summons. Notwithstanding, the Lords assoilyied the defender from annual-rents, from the time of the assignation only, (because nothing was produced, unde constaret de matrimonio contracto, before that time,) and supplied the negligence of the advocate, ex officio; because, the summons being founded allenarly upon the legacy contained in the testament, they found that the words thereof would carry them no further.

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