Marriage

Legal Subject: Marriage

Case	Date	Legal Subject	Abstract
Alexander Geddes and Allan Clark v. Jean Bull	1796	Marriage, Adjudication, Legitimacy, Reduction, Succession, Disposition	Alexander Geddes and Allan Clarke petitioned the Court to alter Lord Dreghorn's interlocutor in their action against Jean Bull. Based on the single document cataloged for this case.
Campbell v. Irvine	1794	Aliment, Marriage, Creditor, Succession, Debt, Interlocutor
Crichton v. Mackay	1788	Defamation, Aliment, Mala Fides, Creditor, Marriage, Succession	Alexander Crichton petitioned the Court to alter a recent interlocutor. Defender Mary Mackay answered, responding to allegations of infamy and misconduct that Crichton had made against her.
J. and P. Duguid and Others v. W. Duguid and Others	1823	Succession, Aliment, Creditor, Trustees, Proof, Marriage	The children of John Duguid claimed a share in William Duguid’s estate against the trustees, who had sought exoneration after distributing legacies while residuary beneficiaries remained unidentified, filing a condescendence that opposed the executors’ objections to their evidence. The claimants’ entitlement required proof of John Duguid’s life, death, and family in America, leading to the granting of commissions for taking evidence abroad, which the respondents moved to recall or restrict to major American cities while seeking permission to participate. Proof was subsequently taken abroad regarding John Duguid’s circumstances and the claimants’ right to the estate.
Lydia Douglas, and her Husband v. The Trustees of Sir Charles Douglas	1791	Succession, Aliment, Marriage, Trust, Disposition, Mala Fides	Lydia Mariana Douglas and her husband pursued the Trustees of Sir Charles Douglas, arguing that a condition in her father's will was void as capricious and unjust. Based on the single document cataloged for this case.
Margaret Scruton v. John Gray	1772	Marriage, Jurisdiction, Alimony	Gray, defender, was a native of Cork, Ireland who attended university in Scotland. Scruton, pursuer, claimed that she and Gray married in Glasgow while he was attending college there. Scruton sought a "decree of declarator" from the Commissary Court of Edinburgh to find them to be husband and wife. (Commissary Courts were established in Scotland in the 1560s and had exclusive jurisdiction in marriage and divorce cases.) Scruton also sought alimony from Gray. Gray denied that any marriage took place. There was no public solemnization of the marriage, nor any cohabitation as husband and wife. According to Gray, there was only a "private interview" between the two. Gray also denied that the Commissary Court of Edinburgh has jurisdiction over him since he was a foreigner.
Morison v. Inner-House Interlocutor	1787	Aliment, Witness, Marriage, Succession, Interlocutor, Evidence	Thomas Morison, a mariner in Charlestown, petitioned the Court to alter its recent interlocutor pronounced in a multiple poinding process initiated by naval officers and trustees. Mrs. Bethune Morison and others had reclaimed against Lord Moncreiff's interlocutor in that proceeding, and Thomas Morison sought alteration of the interlocutor the Inner House had issued upon their reclaiming note.
Mrs. Jane Lowrey or Maxwell v. Colin Dunlop Donald and Dr King	1830	Trustee, Marriage, Succession, Debt, Aliment, Trust	Mrs. Jane Lowrey or Maxwell sued Colin Dunlop Donald and Dr Benjamin Watts King, as trustees and executors of the late John Maxwell Esq., for a declarator that she was his lawful wife and relict, concluding for aliment. The defenders denied the marriage and asserted that the aliment conclusions were incompetent, while Mrs. Lowrey also objected to a petition seeking a curator bonis for her children, insisting upon their legitimacy. She subsequently reclaimed against an interlocutor, asking the Court to alter it and repel the defences of Donald and King.
Mrs. Julian (Steel) Porterfield v. Boyd Porterfield	1770	Marriage, Contract, Obligations	Defender Julian Steel was married to William Porterfield, the uncle of pursuer Boyd Porterfield. William Porterfield died without children, leaving Boyd Porterfield as his only heir. The marriage contract between Steel and Porterfield stipulated that, should Steel survive her husband, Steel would receive an annuity of 2,000 merks and a dwelling house (or the financial equivalent) from the Porterfield estate. Following the death of William Porterfield, Steel and Boyd Porterfield entered into a contract regarding rents from the lands of the estate. Steel alleged that she should have received more from the rents from the lands.
Nisbet v. Edgar	1794	Witness, Aliment, Succession, Creditor, Marriage, Onus Probandi	Nisbet petitioned the Court to alter its interlocutor allowing Mrs Hamilton of Pencaithland to be examined as a witness in the action to bastardize him. Edgar responded, arguing that Mrs Hamilton of Belhaven was admissible as a witness notwithstanding her daughter's patrimonial interest in the cause.
Robertson v. Inner-House Interlocutor	1797	Aliment, Divorce, Terce, Marriage, Infeftment, Inhibition	William Henry Ralston, defender in the action brought by Robertson, petitioned the Court to alter an interlocutor issued by Lord Swinton. Based on the single document cataloged for this case.