Margaret Scruton v. John Gray |
1 Dec 1772
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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. |
Mrs. Julian (Steel) Porterfield v. Boyd Porterfield |
1770
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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. |