Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Ogilvie v. Ogilvie
Date: 23 June 1680
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One pursues an executor for 500 merks of tocher due by a contract of marriage. Alleged,—The contract can only furnish action for L.100 Scots, because it is only subscribed by one notary and three witnesses. Replied,—The executor can never quarrel it, because he is one of the subscribing witnesses.
The Lords found this should operate so far as to affect his part of the exe-cutry; but it could not prejudge creditors. It is thought a testament with one notary is sufficient, but not a contract of marriage. Vide a remark, 24th July 1679. Yet a contract is very favourable where marriage follows; Dury, 4 th Dec. 1629, Graham.