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Scottish Court of Session Decisions >>
Turnbull v Hepburn. [1577] Mor 9473 (00 January 1577)
URL: http://www.bailii.org/scot/cases/ScotCS/1577/Mor2309473-023.html Cite as:
[1577] Mor 9473
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There was one Turnbull, a young man, who, by the advice of his friends, and being interdicted, contracted himself in bond of matrimony with a young woman called Hepburn. The young man thereafter being otherways pursued, refused to fulfil the bond of matrimony with the said woman; yet had he before, by reason of his ardent love that he had to the woman, given an acquittance of 400 merks, granted to have received the same, in name of tocher good. He thereafter desired to see his acquittance decerned to have no effect, because non secutum fuit matrimonium, et non secuto matrimonio stipulatio dotis evanescit.—The Lords decerned it to be referred to the party's oath, if there was any real enumeration of silver made, otherwise the acquittance to be of no avail.
