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Scottish Court of Session Decisions >>
Campbell v Barns and Stewart. [1678] Mor 9505 (6 June 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2309505-053.html Cite as:
[1678] Mor 9505
Sponsiones ludicræ. - Game Debt. - Premium for procuring a Wife. - Private Lotteries.
Campbell v. Barns and Stewart
Date: 6 June 1678 Case No. No 53.
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Sir William Campbell pursues John Barns and Stewart of Blackhall, &c. to pay him 10,000 merks, on this ground, because they had promised him the said sum, if he should effectuate marriage betwixt the defender and such women; and Sir William subsumed he had done it. This is founded on the title D. De Proxenetis, where the law says, Proxenetica jure licito petuntur. But I think the pursuer must qualify relevantly, that it was by his mediation and procurement the marriage followed; for it is not sufficient to say only, quod matrimonium est secutum. This process moved laughter.
