Scottish Court of Session Decisions

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

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v.
Alexander Downie

Date: 7 February 1632

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In a contract of marriage, betwixt John Morton and —— Lookup, his spouse, then a widow, he being obliged to infeft her in a tenement of land; and, before this contract, he being debtor to Alexander Downie; either of the parties having done all lawful diligence to obtain the right of this land; wherein they were equal in diligence, except that the defunct was debtor to Downie before the contract;—the Lords, notwithstanding of his priority,—albeit that the contract bore, no tocher to be given to the husband, neither could any thing be shown, in writ, to prove that he had received any thing, in remuneration from the wife; whereby it was alleged, that she ought only to be respected as another common creditor;—yet preferred her to the right of the land, by virtue of the said contract of marriage.

Act. Gibson. Alt. Rollock. Scot, Clerk.

Vid. 19th June 1635, Walker.

Page 620.