Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
William Main v. Mr John Dallas and his Wife
Date: 26 December 1693
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Mersington reported William Main, son to Mr David Main, against Mr John Dallas, and his wife. The Lords inclined to repone her against the decreet in foro, where her defence, upon her first husband, John Colvil's anterior right, was competent and omitted; she making faith that it was notiter veniens ad notitiam, and did not then consist with her knowledge; and thought her husband's homologation of the second right would not import a renunciation of the first against the wife, who could not be prejudged thereby, (whatever it might have operated against the husband himself.) But the Lords considering, that if the son was not infeft upon the first right which was made to him in 1649, that then the father's second right, in 1652, would be preferable, seeing infeftment had followed thereon; therefore they ordained the reporter to try that point, if the first right was completed by infeftment; as also, to call for the contract of marriage, to see if it proceeded upon the first or second right, or if it was general, without relation to either.
