Scottish Court of Session Decisions

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION VII.

After Proclamation of Banns, the Woman considered to be in the same case as if actually Married.
Subject_3 SECT. I.

What Proclamation Sufficient.

M'Lellan
v.
M'Lellan and Mitchell

Date: 23 July 1722
Case No. No 237.

Click here to view a pdf copy of this documet : PDF Copy

In a process of reduction, at the instance of the husband and wife, of a gratuitous disposition granted by the wife, the Lords sustained the reason of reduction, that the disposition was granted after the parties were twice proclaimed in the church of Leith, the parish church where the husband dwelt, though the wife had her domicil in the Canongate; the receivers of the disposition having been de recenti communers in the treaty of marriage betwixt the parties; and found it not relevant to elide the same, that the wife, at granting the disposition, told that the treaty was broke up, the marriage having followed quickly after. See Appendix.

Fol. Dic. v. 1. p. 404.