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Scottish Court of Session Decisions >>
Dr. James Weymes v Campbell of Calder. [1693] 4 Brn 48 (17 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040048-0107.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Dr James Weymes v. Campbell of Calder
Date: 17 January 1693
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Dr. James Weymes against Campbell of Calder. The Lords repelled the 1st allegeance, of Haliburton's marrying without the consent of the friends, named by the father, both as jus tertii, and that being in re antiqua their consent was to be presumed, unless the contrary were alleged: but, as to the 2d, found the cautioner had any defences that were competent to Argyle, the principal, and that Argyle (though he had taken a special act of restitution) had also the benefit of the general rescissory act; and that his being successor titulo lucrativo by his contract of marriage in a locality of the estate, was equivalent as if he had been heir, in which case the said rescissory law favoured him; and therefore decerned for the annualrents due before Argyle's forfeiture, and due since the Revolution; and remit the intermediate annualrents to the Commission of Parliament, conform to the express tenor of that act.
