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Scottish Court of Session Decisions >>
Pryde and Foggo v Foggo. [1693] 4 Brn 59 (27 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040059-0141.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Pryde and Foggo v. Foggo
Date: 27 January 1693
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Pryde and Foggo against Foggo, merchant in St. Andrews, her father. The Lords found, by the conception of the first contract of marriage, the father was fiar, seeing it obliged him to lay 500 merks of his own means to the L.1000 he got in tocher, and to take the hail 2000 merks to himself and his wife, and to the bairns of the marriage, without bearing to them in liferent, and the bairns in fee. But found, though he could uplift and dispose of it, for just and necessary causes, yet that he could not by gratuitous deeds wrong the children of the first marriage, by giving to the bairns of the second; but would not tie him down to stock it on land or annualrent, being a merchant, who behoved to trade with it; but only declared in general declaratoria juris.
