BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
Sarah Roome v. -
Date: 23 February 1677
Click here to view a pdf copy of this documet : PDF Copy
In Sarah Roome's case, the Lords preferred a creditor to a provision made in a contract-matrimonial in favours of a child of a second marriage, albeit there was an inhibition served upon the said obligement, and the creditor's debt was contracted after the said inhibition; because they found the obligement was only a naked destination, and the inhibition could only reach, prevent, and cut off posterior deeds in favours of another third wife, or of other children, and not of extraneous creditors; else such obligements would enervate all commerce, and would hinder a father from contracting onerous debts. However, this decision evacuates provisions matrimonial sadly. Vide supra, June, 1676, Catharine Mitchell and Littlejohns; and December, 1676, No. 524, inter eosdem.
