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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Russel v Gordon. [1739] 1 Elchies 302 (19 December 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies010302-013.html Cite as: [1739] 1 Elchies 302 |
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[1739] 1 Elchies 302
Subject_1 MUTUAL CONTRACT.
James Russel
v.
Gordon
1739 ,Dec .19 .
Case No.No. 13.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found the bond contra fidem tabularum, and therefore not effectual eVen against the son during the existence of the wife or children. Renit. President and Drum-more. Indeed Arniston thought it would not be effectual even against the son after the dissolution of the marriage without children, because it was a sort of concussion upon
him; and some others were of the same opinion; but of that I own I doubted; and we did not determine it We also unanimously found, that by this bond there was no jus quesitum to the children, but that the father might if he pleased give it up.
The electronic version of the text was provided by the Scottish Council of Law Reporting
