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Home v French. [1608] Mor 12886 (24 June 1608)
URL: http://www.bailii.org/scot/cases/ScotCS/1608/Mor3012886-040.html Cite as:
[1608] Mor 12886
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Home v. French
Date: 24 June 1608 Case No. No 40.
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Mark Home pursued French, brother to Thornidykes, for reduction of a bond given to him by his umquhile brother, in respect of an inhibition served by Mark upon a contract of marriage betwixt his daughter and umquhile Thornidykes, giver of the bond, who, by her said contract, was bound not to sell, annalzie, &c. or do any deed to prejudge the heirs of that marriage of their succession to the lands and living of Thornidykes. The Lords assoilzied from the reason, and found that that clause of the contract took not from him libertatem commercii, but only provided that he should leave the land and living to these heirs of the marriage in the state it should be at his decease.
