Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Mr John Galbraith
v.
John Lennox

Date: 9 February 1637

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Mr John Galbraith, minister at Bothkenner, arrests, in the hands of John Lennox, elder, of Burnshogle, the sum of 800 merks, less or more, addebted by him to Andrew Galbraith, debtor to the said Mr John in a certain sum of money; and obtains decreet before the sheriff of Stirling, to make the sum forthcoming, upon the said John Lennox his confession, viz. that he was addebted in no other sums of money to the said Andrew Galbraith but in the sum of 800 merks, promitted by the said John Lennox to the said Andrew, in tocher-good with his daughter, spouse to the said Andrew, conform to a contract of marriage: whereby the said sum is appointed to be employed for annualrent to his daughter and her spouse, and the heirs to be gotten betwixt them; which failing, the half of the tocher to return to John Lennox younger, brother to the said daughter. This decreet of the sheriff's is suspended upon iniquity, as given unjustly, decerning simply John Lennox to make forthcoming the said tocher-good to the pursuer; whereas he should have been decerned only conform to the contract of marriage, and his confession relative thereto. The Lords found the letters orderly proceeded; the minister finding caution to make the sum to be received by him forthcoming to the said Janet Lennox and her brother, conform to the contract of marriage.

2d MS. Page 49.