Legal Subject: Contract of marriage

Case Date Legal Subject Abstract
Alexander v. Ross 1767 Debt, Aliment, Succession, Interlocutor, Contract of marriage, Representation In the action between Alexander, pursuer, and Ross, defender, Marjory Ross and John Baillie petitioned the Court to alter its recent interlocutor. Based on the single document cataloged for this case.
Caddel & Creditors of Niblie v. Lord Dunsinnan's Interlocutor 1793 Debt, Bankruptcy, Aliment, Sequestration, Trustee, Contract of marriage Caddel and the creditors of Peter Niblie at Buxley petitioned the Court to alter Lord Dunsinnan's interlocutor sustaining Mrs Niblie's vote as a creditor entitled to elect a trustee. Based on the single document cataloged for this case.
College of Glasgow v. Lindsay 1793 Succession, Disposition, Infeftment, Contract of marriage, Creditor, Aliment
Cunynghame v. Cunynghame 1802 Heirs rights, Contract of marriage Under a contract of marriage entered into between the defender, father of the purser and pursuer's mother, defender binds himself, his heirs and successors, to make due and lawful resignation of the lands, baronies, teinds, right of patronage, in favor defender's further dispositions (new infeftments). Then, defender sold part of the estate settled in his marriage-contract. Pursuer submit to the Court of Session for review the interlocutor pronounced as to prevent defender from selling his state and granting a valid right to a purchaser. The majority of the Court held that the father, defender, was entitled to dispose of his state without disappointing his heirs.
Jacobina Macfarlane v. Alexander, Richard and Janet Spence 1770 Contract of marriage, Succession, Liferent, Aliment, Executor, Creditor Archibald Marcfarlane married Elizabeth Spence as a result of a contract entered into between both spouses and Elizabeth's father William Spence. Archibald Macfarlane became bound to provide for his wife and future children. Archibald Marcfarlane made a further settlement of his estate, with a disposition in favor of his wife and children, and failing of them, to the petitioner Jacobina Macfarlane, his only sister. When Archibald Macfarlane died, Elizabeth Spence, his widow, took the whole of her husband's writs into her possession. When Elizabeth Spence died, Jacobina Macfarlane, pursuer, claimed that by Spence's death the right of succession devolved upon her. However, Elizabeth's brothers and sister, Alexander, Richard and Janet Spence, seized the writs and confirmed themselves executors. Thus, the pursuer claimed her right to be the heir of her brother and alleged that defenders have no foundation to alter the effects of her brother's disposition.
James Sinclair v. Robert Anderson and Others 1771 Liferent, Succession, Sequestration, Assignment, Fiar, Contract of marriage In 1705, James Fraser concluded a marriage contract with Margaret Torry, the daughter of John Torry, who held lands and tenants in Elgin. Margaret was heir to her father's property, and the marriage contract granted James the right to the rents, fees, duties, etc. of the Elgin tenants for his life should Margaret pre-decease him. Margaret and James had three children, and by the time of this lawsuit only their daughter, Margaret Fraser, remained alive. In the 1720s, James's financial affairs began to fall in disarray and he attempted to sell his wife's heritable lands, triggering a series of legal disputes resulting in the land's sequestration. After the death of James and his eldest son, John, James's creditors laid claim to the Elgin rents and fees. James Sinclair challenged the creditors in the Court of Session, arguing that his grandfather's right to his grandmother's heritable lands ceased with his death, devolved on his now dead uncle, and subsequently now fell to his mother. In other words, the heritable lands ceased to be part of James Fraser's estate when he died and reverted to his wife's estate, subsequently inherited by her children. Sinclair contended that as the heritable lands constituted part of James Fraser's estate in life only, his creditors had no claim to them after his death. The Court of Session agreed and found for James Sinclair.
Wallaces v. Brown 1792 Liferent, Aliment, Succession, Deed, Marriage, Contract of marriage Poor Elizabeth and Margaret Wallace petitioned the Court to alter the late Lord Hailes's interlocutor in their action against Brown. Based on the single document cataloged for this case.

Documents discussing this subject (81)