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.
Documents in this case (1)
- Margaret Scruton v. John Gray — Memorial, 25 Oct 1772October 25, 1772 Information of defenders, arguing that a foreigner not subject to Scottish jurisdiction cannot be compelled to pay alimony or adhere to a wife through an arrestment of his effects
People & places in this case
People involved
- Margaret Scruton — Pursuer
- John Gray, Esq. — Defender
- William Wilson, of Howden — Defender
- Sir Ilay Campbell, Lord Succoth, 1st Baronet of Succoth — Advocate for Defender
Places
- Glasgow (principal)
