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Scottish Court of Session Decisions >>
Common Seal v Trail. [1611] Mor 11462 (25 January 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor2711462-138.html Cite as:
[1611] Mor 11462
Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Common Seal v. Trail
Date: 25 January 1611 Case No. No 138.
In conformity with the above.
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A man being bound by contract of marriage to bestow a sum of money upon land or annualrent to his wife in liferent, and thereafter conquest an house to himself and her in conjunct-fee; albeit that infeftment make no relation to the contract of marriage, yet it will be interpret to satisfy the same pro tanto, not according to the price which he gave for the heritage, but as the yearly mail and duty of it may correspond to the profit of the principal sum of the wife's tocher-good, at the annualrent of ten for the hundred.
Fol. Dic. v. 2. p. 145. Haddington, MS. No 2111.
*** In conformity to the above were decided the cases Muirhead against Daniston, No 360. p. 6152. voce Husband and Wife; and Blair against Hamilton, No 325. p. 6110. Ibidem.
