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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Johnston v Roreson. [1624] 1 Brn 21 (26 November 1624) URL: http://www.bailii.org/scot/cases/ScotCS/1624/Brn010021-0044.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Johnston
v.
Roreson
26 November 1624 Click here to view a pdf copy of this documet : PDF Copy
In an action betwixt Johnston and Roreson, for payment of a yearly duty, conform to the defender's promise made to the pursuer,—the Lords found the promise null and ineffectual to produce any action against the maker, because it was a promise made by the defender to an interposed person, to the behoof and in favours of the wife during the time of their marriage; and so was not obligatory:—albeit it was replied that the promise ought to be maintained, seeing, howsoever it was made, stante matrimonio, by the husband, to the behoof of the wife, yet, since the making thereof, divorcement had followed; since which divorcement, and also before the divorcement, the promise had taken effect by payment-making of the yearly duty promised, divers years both before and since they were divorced. Notwithstanding whereof the promise was found not obligatory.
Act. M'Gill. Alt. Cunninghame. Gibson, Clerk. Vid. 9th January 1623, Marshall; 11th January 1625, Hamilton's Inhibition; 21st December 1626, La. Foulis.
Page 154.
The electronic version of the text was provided by the Scottish Council of Law Reporting
