| Jamieson v. Kyle |
1778
|
Jus Quaesitum Tertio, Tocher |
In June 1756, Janet Jamieson and David Kyle signed a post-nuptial contract, naming each other as heirs, and after that the heirs of the longest-lived. Under the same contract, John Jamieson, Janet's father, transferred some lands to the couple. Seven years later, David Kyle and Janet Jamieson entered into another contract, which unreservedly conveyed and transferred the lands in question to Kyle's heirs. Kyle then brought action to reduce the contract of 1756, and John Jamieson and his son, John, defended against it. Kyle claimed that the 1756 contract was invalid because Janet Jamieson was unable to sign her name in her own hand, but did not produce any proof. The action went dormant until 1777, when David Kyle advertised a sale of these lands. John Jamieson, junior, executed an inhibition of this sale, and in return Kyle sought to overturn the inhibition. The case came before Lord Kennet, who sustained Kyle's claims. Jamieson petitioned the Court for review, arguing that he was the feur of the lands in question, and had acquired this right from the onerous obligations in the 1756 marriage contract. According to handwritten marginalia, the Court unanimously refused Jamieson's petition. |
