Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
David Thoires v. Sir Andrew Ramsay
Date: 1 November 1665
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Colonel David Ramsay, by contract of marriage betwixt him and Janet Skein, is bound to provide her to eighteen chalders of victual, or 1800 merks of money yearly; and having purchased the lands of Grangemoore, only worth nine chalders of victual, he takes the disposition in his and his wife's name; wherein mention is made, that his wife accepts of that right and infeftment of the lands, in satisfaction of all that she could crave from her husband, or his heirs, by virtue of her contract of marriage, and in acceptation thereof; whereupon she is infeft and in possession during his lifetime: Thereafter marrying Mr. David Thoires, there is a summons raised against Sir Andrew Ramsay, provost of Edinburgh, as heir, for implement of her contract of marriage, who obtruded the provision and infeftment of the lands of the Grange, granted to her in satisfaction, likeas she had homologated the acceptation by possession of the said lands. Which the Lords, by their interlocutor, found relevant, and that her possession of the lands was an homologation of the provision. Which was hard, and the preparative dangerous; but the consideration that moved the Lords was, that Colonel Ramsay had no more estate in the world but that money which was employed for buying of the Grange, and whereto she was provided.
