Date of Decision: 1 Dec 1772
Abstract: Gray, defender, is a native of Cork, Ireland who attended university in Scotland. Scruton, pursuer, claims that she and Gray married in Glasgow while he was attending the Colleges there. Scruton now seeks a "decree of declarator" from the Commissary Court of Edinburgh, finding them to be husband and wife. (Commissary Courts were established in Scotland in the 1560s and had exclusive jurisdiction in marriage and divorce cases.) Scruton also seeks alimony from Gray. Gray denies that any marriage took place. There was no public solemnization of the marriage, nor any cohabitation as husband and wife. According to Gray, there was only a "private interview" between the two. Gray also denies that the Commissary Court of Edinburgh has jurisdiction over him as a foreigner.
Subjects: Forum Competens, Alimony, Jurisdiction, Marriage

Published Report

William Morison, The Decisions of the Court of Session (1811), 4822 Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), 499

Litigants

Pursuer:
Margaret Scruton
Defender:
John Gray, Esq.
William Wilson, of Howden, Received a power of attorney from John Gray and his father Francis Gray, authorising him to state all competent defences

People or Organizations Associated with Case