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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Turnbull, Relict of Eugene Fotheringham and her Children, v Thomas Fotheringham of Powrie. [1734] 2 Elchies 113 (5 December 1734)
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[1734] 2 Elchies 113      

Subject_1 CAUTIONER.

Agnes Turnbull, Relict of Eugene Fotheringham and her Children,
v.
Thomas Fotheringham of Powrie

Date: 5 December 1734
Case No. No. 2.

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Cautioner in a contract of marriage for the husband's employing and re-employing his stock, and the bride's tocher, to them two in conjunct fee and liferent, and the bairns of the marriage in fee, found liable to the children for the money, without relief against them as heirs of provision to their father; and it was found no good defence, that the father had employed and lost the money in trade, being a merchant.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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