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Scottish Court of Session Decisions >>
Grey of Creichie v Udney of Auchterallan and Sir Richard Maitland of Pitrichie. [1694] 4 Brn 142 (6 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040142-0323.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Grey of Creichie v. Udney of Auchterallan and Sir Richard Maitland of Pitrichie
Date: 6 February 1694
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The Lords found, though the father was still alive, and the son a profligate debauchee, that he or Creichie, as assignee, might pursue exhibition of his mother's contract of marriage, that he might see what was provided to the bairns or heirs of the marriage. For, though the Roman law did reprobate pactum corvinum de hœreditate viventis as unlawful, yet, with us, one may sell his apparency of succession even while his father or other predecessor is alive; and, though the father may disown such a flagitious son, so as to exhereditate him, (farther than to aliment him,) and may give it to another, yet the Lords thought this could not hinder him to seek exhibition of the contract.
