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Sir William Purvis v Murray of Liviston, and Mr John Ellis, Advocate, his Curator. [1679] 3 Brn 297 (19 July 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Brn030297-0372.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Sir William Purvis v. Murray of Liviston, and Mr John Ellis, Advocate, his Curator
Date: 19 July 1679
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In a process at Sir William Purvis's instance, as Collector of the Wards, against Murray of Liviston, and Mr John Ellis, advocate, his curator, for payment of £400 Scots, as the taxed avail of his marriage:
Alleged,—The words in Liviston's charter, quando contigerit, signify when he shall be married, at least when he enters to his lands, at the age of twenty-one years; and so he cannot be liable to pay it sooner.
Replied,—These words in law import, that the avail of the marriage is payable as soon as he is marriageable; which is in a man at fourteen, and he is eighteen years old. And after fourteen the superior may offer a woman to his ward-vassal in marriage: ergo, the single is then due ; et cessit et venit dies.
The Lords found it due immediately after fourteen. But this wants not difficulty, and was an interlocutor upon collusion betwixt the parties.
