Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

The Laird of Edmiston and His Lady
v.
Major Biggar, as having married the Heir of Wolmet

Date: 6 July 1670

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This was a declarator that the pursuer and his lady might be liberated and freed of a mutual or reciprocal contract, at least a minute thereof, past betwixt the Lady Edmiston's father and the deceased Laird of Wolmet, in regard the defenders nor their predecessors had not fulfilled their part of the said contract. In this case, I think, if the defenders did make offer to fulfill their part of the contract, the Lords will ordain the pursuer to adhere to the contract, and will never annul the same.

Advocates' MS. No. 65, folio 80.