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)
- 4th June 1828.—Lord NEWTON—Act. RUTHERFURD—Alt. JAMESON.—The Lord Ordinary appoints the pursuers to give in a Condescendence of the facts and circumstances they aver and offer to i
- Agnes Steuart of Phisgill and John Hawthorn v. Alexander Earl of Galloway and the other Trustees for the Creditors of the deceased Captain John Stewart of Phisgill — Information, 31 Jul 1758
- Agnes Stewart and John Hathorn v. Alexander Earl of Galloway and the other Trustees for the Creditors of the deceased Captain Jo... — Answers, 14 Jan 1761
- Alexander Calder v. John Chisholm — Answers, 6 Jul 1780
- Alexander Home v. Messrs. Murdoch and Miller — Note of Decisions
- Alexander v. Ross — Petition, 24 Feb 1767
- Alexander Watson v. John Pyot Watson — information, 11 Jun 1800
- Anne Macgillivray v. John Fraser — Memorial, 15 Jul 1780
- ANSWERS for John Watson Writer to the Signet, to the PETITION of Mr. Andrew Ramsay, Son to the deceast Mr. Alexander Ramsay Minister of the Gospel in Edinburgh.
- APPENDIX. No. I. MINUTE for William Somerville, Esq. Deputy-Inspector of Army Hospitals, in the Action of Mails and Duties at the Instance of Joseph Thomson, late of the Island of
- APPENDIX. N° I. MEMORANDUM of what passed on the 17th July, after Mrs Baillie had been apprehended on Letters of Caption at Mrs Scott's instance.
- Archibald Seton v. Gideon Gray — Duplies, 20 Jan 1789
- Archibald Seton v. The Creditors of Hugh Seton — Information, 9 Oct 1794
- Caddel — Petition, 17 May 1793
- David Middleton v. Francis Fraser — Answers, 23 Jan 1794
- Douglas Duke of Hamilton and Brandon, Marquis of Douglas, Earl of Angus, &c. v. Archibald Douglas, Esq. — Memorial, 10 Oct 1778
- Elizabeth and Isobel Grays, Daughters of John Gray of Rogart, deceased v. John Wood, and Others, Creditors of said John Gray — Answers, 18 Nov 1772
- Erskine-1-Vol.-22 doc0087
- Euphemia Countess of Wigton v. Lady Clementina Elphinston and Charles Elphinston — Answers, 2 Jun 1744
- Fife — Petition, 26 May 1795
- Francis Fraser v. David Middleton — Information, 23 Feb 1793
- Gelly and Campbell v. Campbell — Petition, 3 Mar 1778
- I-1633-1757 doc0020
- IA---466A doc0002
- Jacobina Macfarlane v. Alexander, Richard and Janet Spence — Petition, 23 Nov 1770
- James Joseph Hope Vere v. Hannah Charlotte Hope — Summons, 22 May 1822
- James Joseph Hope Vere v. William Edward Hope Vere and Others — Summons, 24 Jan 1829 [2]
- James Sinclair v. Robert Anderson and Others — Memorial, 18 Jul 1771
- Janet Binnie or Taylor v. George Taylor — Revised, 15 Feb 1832
- John Brownlee v. Katharine Brownlee and Alexander Park — Answers, 15 Dec 1768
- John Gordon of Auchanachy and Alexander Gordon of Whiteley v. Grizel, Katherine, and Anne Ogilvies — Observations, 1 Jan 1759
- John Hamilton v. William Brown — Answers
- John Knox of Cartmore v. Jasper Marshal — Answers, 20 Feb 1765
- John Robertson v. Janet Robertson and John Maclauchlan — Answers, 31 Dec 1765
- Joshua Henry M'Kenzie and John Fullerton Elphinstone v. Duchess-Dowager of Roxburghe — Answers, 3 Jan 1824
- Lauchlan Mackinnon of Gamboll v. John, Allan, and Janet Macdonalds — Information, 20 Jan 1763
- Lauchlan Mackinnon v. Allan and John Macdonalds — Information, 12 Nov 1762
- Lindsay — Information, 12 Nov 1793
- Macfarlane v. Hoome — petition, 22 May 1799
- Macfarlane v. Spence — Petition, 23 Nov 1770
- Marchioness of Tweedale v. Thomas Earl of Dundonald — Answers, 15 Feb 1726
- Margaret and Mary Murrays and James Mackie v. John Earl of Breadalbane — Answers, 13 Jan 1767
- Margaret Wilson and John Spotiswood v. John Sempil, Anne Lindfay, and John Miller — Information, 23 Jul 1757
- Margaret Wilson, John Douglas and John Spottiswoode v. John Sempill, Marion Lindsay and John Miller — Information, 13 Jul 1758
- Marianne Homfray v. Thomas Newte — Memorial, 10 Mar 1813
- Mary Murray, Margaret Murray and James Mackie v. John Earl of Breadalbane — Answers, 27 Sep 1766
- Mary Stevenson v. James Wilson — Information, 12 Nov 1788
- Mrs Cheyne or Johnston v. John Miller — Case, 1846
- Mrs Janet Rennie v. The Trustees of Mr James Brown — Information, 16 Jan 1798
- Mrs Rebecca Hog and Thomas Lashley v. Thomas Hog — State of the Process, 2 Feb 1792
- Mrs Susan Westgarth or Borthwick v. Lewis Borthwick — Reclaiming Note
- Petition — Ann Pollock for a Sequestration
- Petition — David Donald against Inner-House interlocutor
- Petition — Gilbert Laurie Chirurgeon in Edinburgh
- Petition — John Macdonald of Breakish, Allan Macdonald of Knock, and Janet Macdonald their sister, Humbly sheweth
- Petition — John Robertson, son of the deceased Paul Robertson of Pittagowan [2]
- Petition — John Thomson against an Inner House Interlocutor
- Petition — June 15. 1819. Pet.—W. T. Carruthers, Esq. against Inner-House Interlocutor
- Petition — Messrs Edie and Laird, Merchants in London, and their Attorneys, and others, the postponed Creditors of the deceased John Weir of Kerfe; and of David Steuart
- Petition — Mrs Lowthian against Inner-House Interlocutor
- Petition — Thomas Earl of Dundonald [2]
- Petition — Thomas Mansfield, Accountant, Edinburgh, Judicial Factor on the Estate and Effects of Thomas Ruddoch Anderson, residing at Suldorf near Hamburg, Merchant; and Mrs Margaret Matthew or Anderson, resid
- Petition — William Fothringham, only Son of the Deceased Dr Normand Fothringham, Archdeacon of Coventry, Second Son of Thomas Fothringham-Ogilvy, Esq; of Powrie, now deceased; and Mrs Elisabeth Ogilvy, his Spouse
- R. & H. Drummonds v. Archibald Seton — Information, 4 Sep 1794
- Ray v. Baillie — Answers, 28 Jul 1768
- Report by William Campbell, W.S., Under Remit to him in Petition for John M. Nairne, Esq. of Dunsinnan for Authority to Charge Entailed Estate with Debt. to the Lord Dundrennan Ordinary, in the Petition of John M
- Robert and Allan-James Bogle v. George Bogle — Information, 12 Nov 1793
- SESSION PAPERS CASE OF MARY DRUMMOND, only Daughter of the Marriage between James Lord Drummond, deceast, and Lady Jean Gordon, Daughter of the deceast George Duke of Gordon, Claim
- Simon Lord Fraser of Lovat v. Alexander Chisholm of Muckerack — Answers, 1 Jun 1745
- Sir Thomas Dundas of Kerse, Baronet, and Colonel Thomas Dundas of Fingalk v. Adam Livingston, Esq; of Bantaskine — Duplies, 18 Dec 1790
- Sir Thomas Dundas of Kerse, Bart. v. Adam Livingstone of Bantalkine, Esq. — Replies, 19 Jan 1791
- Sir Thomas Dundas of Kerss, Baronet, and Colonel Thomas Dundas of Fingask v. Adam Livingston of Bantaskine — Answers, 8 Dec 1790
- Theodore Edgar v. James Maxwel — Appellant's Case
- Theodore Edgar v. James Maxwell, alias Johnstone — Respondents' Case, 31 May 1742
- Thomas Elliot Ogilvie v. Sir John Scott — Memorial, 12 Apr 1792
- Wallaces v. Brown — Petition, 30 Nov 1792
- William Fothringham v. Alexander Fothringham Ogilvie — Answers, 21 Apr 1796
- William Fothringham v. Alexander Fothringham Ogilvie — Answers, 21 Apr 1796 [2]
- William Fothringham v. Alexander Fothringham Ogilvy — Answers, 20 Apr 1797
- William Fothringham v. Alexander Fothringham Ogilvy — Answers, 20 Apr 1797 [2]
- William Macintosh and others v. Mrs Mary Macdonell alias Mackenzie and Coll Macdonell — Memorial, 2 Mar 1764
