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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Margaret Naysmyth v Alexander Menzies of Balmahome. [1628] 1 Brn 260 (2 July 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Margaret Naysmyth
v.
Alexander Menzies of Balmahome
2 July 1628 Click here to view a pdf copy of this documet : PDF Copy
By contract of marriage, the future spouse, and cautioners with him, are obliged to wair and bestow a certain sum, upon annualrent, to the married folks, during their lifetimes, and, after their decease, to their heirs. The husband dies; the relict charges the cautioners to fulfil the contract to her, and to lay out the money, conform to the contract, that she may have her liferent of the annualrent. The cautioners suspend, and offer the principal sum to the relict, she finding caution to make it forthcoming to the heirs. She refuseth, as not obliged by the contract. The Lords found the letters orderly proceeded against the cautioners.
Page 44.
The electronic version of the text was provided by the Scottish Council of Law Reporting