Consent not presumed, when the Deed can be ascribed to another Cause.
Grieve v. Cant
Date: 30 March 1626 Case No. No 57.
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In an action betwixt Grieve and Cant, for payment of the sum of 1000 merks, wherein the defender, was obliged, by virtue of a contract of marriage, as promised for tocher, it being alleged, That the contract was only subscribed by one notary for him, who was obliged in that sum; and so being a matter of importance, could not be sustained to produce action thereupon, in respect of the act of Parliament. This allegeance was repelled, in respect that marriage followed betwixt the parties, according, to the contract; which the Lords found to supply that defect.
Act. Oliphant.Alt. ——.Clerk, Hay.
Fol. Dic. v. 1. p. 381. Durie, p. 201.
