Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. II.
Citation cum Processu.
Nairn v. Nairn
Date: 9 December 1684 Case No. No 9.
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Margaret Nairn, pursuing the Lady Nairn to pay a debt contained in the Lord Nairn her father's bond, as heir to him; she alleged, No process, because all parties having interest are not called, viz. my Lord Athole's son, her spouse. Answered, She cannot pretend that she is in the case of a marriage, they being both but infants, not capable of marriage, only there are nuda sponsalia, and a contract of marriage betwixt them, to be consummated de futuro; and either may resile. The Lords, on Edmondston's report, repel the dilatory defence, and sustain process, the pursuer always citing the said Lord Murray and the Marquis of Athole, his father and administrator cum processu by a diligence, and the process to sist in the mean time.
Fol. Dic. v. 2. p. 302. Fountainhall, v. 2. p. 318.
