Scottish Court of Session Decisions

Mrs Gordon presented a petition to the Court, setting forth that an antenuptial marriage contract had been entered into in 1852, between her and her late husband, Alexander Gordon of Newton, Aberdeenshire, which was recorded in the Sheriff-court Books of Aberdeenshire at Aberdeen, on 4th April 1856; that the executors of her late husband were entitled to a return of a portion of the inventory duty, paid on her husband's personal estate, but that the Board of Inland Revenue refused to repay the same, in respect that their marriage contract was insufficiently stamped; and that she had an interest in the said marriage contract, which contained various provisions in her favour, including an annuity of £400, and sundry provisions respecting her own fortune. The petition prayed for service on the Sheriff, Sheriff-Substitute, and Sheriff-Clerk of Aberdeen, and for warrant to the Sheriff-Clerk or his Depute at Aberdeen “to transmit the said principal contract of marriage by registered post-letter, to the Clerk of Court in this petition, that he may present the same at the office of Inland Revenue in Edinburgh, and obtain it duly and sufficiently stamped, and thereafter retransmit the said contract of marriage, also by registered post-letter, to the said Sheriff-Clerk or his Depute at Aberdeen,” or to do otherwise &c.

Service was ordered, and answers appointed to be lodged within three days, in consequence of the Session being near a close, and intimation in the minute book was dispensed with.

On the calling of the case in the Summar Roll, no appearance having been made for the Sheriffs or Sheriff-Clerk, the prayer of the petition was granted.