Scottish Court of Session Decisions

Subject_1 FRAUD.

Alexander Irvine
v.
Mr Ramsay Irvine

Date: 2 March 1753
Case No. No. 32.

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In the reduction Alexander Irvine against Mr Ramsay Irvine, the Lords reduced on fraud and circumvention marriage articles entered into by the deceased Mr Alexander Irvine of Saphock, advocate, and Mr Ramsay, on the faith of which Mr Ramsay married Saphock's daughter, then about 11 years of age in December 1744, together with a formal contract of marriage in terms of these articles, but with some variations in favours of the Lady in May 1745, though Saphock continued in perfect friendship with Ramsay till his death in December 1746, and gave him a factory for managing his estate, and though the Lady lived in perfect harmony with her husband till her death in 1750, and conveyed to him a valuable personal estate that descended to her from her father; however, the Court, though greatly divided, reduced both articles and contract by the President's casting vote. They altered that interlocutor, and found the reasons of reduction not proven; but they again altered this last interlocutor, and adhered to the first, 2d March 1753. Ramsay appealed, and the House of Lords, though they seemed not to approve either of the articles, or of the manner of entering into them, yet since marriage actually followed, they on Lord Chancellor's motion reversed our decree nem. con. 10th December 1753. Vide inter eosdem voce Improbation.