Scottish Court of Session Decisions

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

Samuel Gray
v.
-

Date: 19 June 1629

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Mr Samuel Gray, having charged his debtor for payment of a sum, who suspending, and consigning the same,—in the suspension compeared the mother to his wife, and desired that the money should be employed to her daughter in liferent, for implement of the contract of marriage, pro tanto, made betwixt the daughter and the said Mr Samuel, whereby he was obliged to provide her to a yearly annual-rent greater than the annual-rent of the sum consigned, to be uplifted out of his lands; which lands, seeing he had sold the same, she, as person contractor in the contract of marriage, had interest to crave of the Lords, to be fulfilled to her daughter by the employment of this money so far as it might extend, in place of the annual-rent out of the lands. This being considered by the Lords, they found it reasonable; and albeit neither the good-mother nor the daughter his spouse were parties, nor called in this suspension,—yet the Lords found that this money should be employed to the woman in liferent; albeit the particular sum was not mentioned in the contract, and albeit the daughter also compeared, and declared that she craved not that employment to be made by her husband, but consented that he should take up the money, and use the same at his pleasure. Which was not respected by the Lords.

Act. Present. Alt. ——.

Vid. 9th January 1623, Marshal against Marshal.

Page 447.