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Scottish Court of Session Decisions >>
James Gordon of Techmury v Gordon of Daach. [1693] 4 Brn 51 (19 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040051-0116.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Gordon of Techmury v. Gordon of Daach
Date: 19 January 1693
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The Lords thought that the specific obligements of both the contracts of marriage behoved first to be fulfilled, and then the clauses of conquest: and that a provision of conquest, in a first contract, did not so bind up the father, but he might do rational deeds notwithstanding thereof; such as to provide a second wife and children of a subsequent marriage with competent provisions; and having implemented the special obligements, that he was so far master and arbiter of his conquest, that he might apply part of the conquest during the first marriage to the fulfilling of the obligements of the second, and e contra. And in this circumstantiate case, found the children of the first marriage, as being first creditors to him, had best right to the lands of Enochries, purchased and acquired by the Parson of Rothiemay, their father, during the standing of the marriage with their mother, though burdened with 6000 merks to the children of the second marriage; it being always instructed by the children of the first marriage, that the father had secured the bairns of the second marriage in as much as the special obligements in their mother's contract of marriage extended to, in regard it was confidently alleged that he had provided them to ten times more.
