Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sir Alexander Bruce of Broomhall v. Stewart of Innerneytie
Date: 21 February 1678
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Sir Alexander Bruce of Broomhall, as donatar to the marriage of Stewart of Innerneytie, pursued him for the double avail of his marriage. The defence was,—That he was not required to marry till they knew he was contracted to another gentlewoman; and then dolose they required him when engaged: which was fradulent; and Craig, Tit. de Maritagio, pag., tells us, Omnis fraus et dolus abesse debet. This the Lords found relevant; it being also offered to be proven, that the gentlewoman offered was, at the very time, upon the tryst of another marriage, and de facto was married within twenty days after the requisition; and that she had passed through Broomhall and Mr D. Dewar's hands. This did not so much move the Lords, as that Innerneytie has paid 25,000 merks before, as the single avail of this same marriage; the highest modification has been made in Scotland of a gentleman's marriage. This consideration had some influence on the Lords' decision.
