Dowry or marriage portion.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Tocher |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Jamieson v. Kyle | 1778 | Jus Quaesitum Tertio, Tocher, Aliment, Succession, Contract, Deed | In June 1756, Janet Jamieson and David Kyle signed a post-nuptial contract, naming each other as heirs, and after that the heirs of the longest-lived. Under the same contract, John Jamieson, Janet's father, transferred some lands to the couple. Seven years later, David Kyle and Janet Jamieson entered into another contract, which unreservedly conveyed and transferred the lands in question to Kyle's heirs. Kyle then brought action to reduce the contract of 1756, and John Jamieson and his son, John, defended against it. Kyle claimed that the 1756 contract was invalid because Janet Jamieson was unable to sign her name in her own hand, but did not produce any proof. The action went dormant until 1777, when David Kyle advertised a sale of these lands. John Jamieson, junior, executed an inhibition of this sale, and in return Kyle sought to overturn the inhibition. The case came before Lord Kennet, who sustained Kyle's claims. Jamieson petitioned the Court for review, arguing that he was the feur of the lands in question, and had acquired this right from the onerous obligations in the 1756 marriage contract. According to handwritten marginalia, the Court unanimously refused Jamieson's petition. |
Documents discussing this subject (29)
- ADDITIONAL STATEMENT of FACTS for the Nominal Pursuers, and ANSWERS thereto for the Respondent.
- Alexander v. Ross — Petition, 24 Feb 1767
- Archibald Maccoul v. James Lorimer — Answers, 22 Jan 1754
- Copy CONTRACT of MARRIAGE between James Wilson and Mary Stevenson, referred to in the foregoing Information.
- David Cunynghame and Sir William Augustus Cunynghame v. Mrs Jean Fletcher — Information, 8 Dec 1779 [2]
- Euphemia Countess of Wigton v. Lady Clementina Elphinston and Charles Elphinston — Answers, 2 Jun 1744
- Farquhar Macgillivray v. Thomas, Alexander, and Anne Frasers — Information, 5 Dec 1793
- Henry Watson and William Henderson v. James Lee — Answers, 3 Sep 1795
- INFORMATION FOR John Stewart, only son now in life of the deceased Andrew Stewart merchant in Dundee, procreate betwixt him and the deceased Helen Pilmore, daughter of the deceased
- Jamieson v. Kyle — Petition, 27 Jul 1778
- John Gordon of Auchanachy and Alexander Gordon of Whiteley v. Grizel, Katherine, and Anne Ogilvies — Observations, 1 Jan 1759
- John Nicolson v. Alexander M'Alister and Alexander Hunter — Revised Condescendence and Answers, 1831
- John Semple Bleacher at Finnieston and Hugh Niven junior, merchant in Glasgow v. John Miller of Millheugh and the Reverend Mr James Miller minister at Hamilton — Answers, 28 Feb 1776
- John Sloss and others v. Janet Duncan — Information, 25 Sep 1784
- Knox v. Marshall — Petition, 5 Feb 1765
- Lauchlan Mackinnon of Gamboll v. John, Allan, and Janet Macdonalds — Information, 20 Jan 1763
- Macfarlane v. Hoome — petition, 22 May 1799
- Margaret Wilson and John Douglas v. John Sempil, Anne Lindsay and John Millar — Answers, 6 Jan 1760
- Margaret Wilson, John Douglas and John Spottiswoode v. John Sempill, Marion Lindsay and John Miller — Information, 13 Jul 1758
- MEMORIAL FOR Mrs Nicolas Thomson, alias Maccullloch, Widow of Henry Macculloch of Torhouskie, and Elisabeth, Margaret, Janet, and John Macculllochs, younger Children of the said He
- Mrs Ann Dickson v. Captain Alexander Dickson — Answers, 14 Nov 1780 [2]
- Mrs Barbara Lowther v. Murdoch Maclean and the Trustees of the late Archibald Maclean — Memorial, 30 Nov 1786
- Mrs Fletcher v. David Cuninghame and Sir William-Augustus Cuninghame — Information, 24 Jun 1780
- Mrs Rebecca Hog and Dr Thomas Lashly v. Thomas Hog — Memorial, 6 Jan 1791
- No. III. RESPONDENT'S STATEMENT of FACTS, and ANSWERS thereto for the NOMINAL PURSUERS. No. IV. ADDITIONAL STATEMENT of FACTS for the Nominal Pursuers, and ANSWERS thereto for the
- Petition — Margaret Wilson, Wife of John Douglas of Burnhouses, and her Husband for his Interest; and of John Spottiswood of Spottiswood, their Trustee, Pursuers
- Petition — Sir J. Norcliffe Innes for appointing Assessors to the Macers in the Services within mentioned, and for a Warrant to unseal and open the Repositories at Fleurs
- REVISED CONDESCENDENCE and CLAIM for George Ponton, second lawful Son of the deceased George Ponton, sometime Tenant in Mannerston, afterwards residing at Blackness.
- Watson — Additional Petition, 25 Jun 1795
