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Gustavus Craig v Wauchop of Caikmuire. [1686] 3 Brn 589 (11 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030589-0898.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 11 March 1686
Gustavus Craig v. Wauchop of Caikmuire
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The case of Gustavus Craig against Captain Wauchop of Caikmuire, was reported by Boyne; and the Lords find his obligation in the contract matrimonial correspective, and so behoved to be implemented simul et semel with the paying the tocher; as in Arthur Forbes's case with the feuars of Balveny in 1672.
The words of the interlocutor were:—The Lords find the letters orderly proceeded, the charger simul et semel employing the 2000 merks for the bairns of the marriage, (the wife being now dead,) in the terms of the contract; but assoilyied from the aliment given for many years to Gustavus's son, because it is presumed to be done ex pielate; he being grandfather, and having made no paction with his son-in-law thereanent.
