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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Crawford v Mathisone. [1628] 1 Brn 273 (12 December 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Crawford
v.
Mathisone
12 December 1628 Click here to view a pdf copy of this documet : PDF Copy
Executors maybe pursued for fulfilling a contract of marriage, whereby the party contractor is obliged to ware and bestow a certain sum of money upon bond, in conjunct fee, to the two spouses, and the heirs to be gotten betwixt them. It was alleged by the executors, That the bond being heritable, could not be pursued against the executors, till the heir was first discust. The Lords found no necessity for discussing the heir first, seeing a creditor may pursue either an heir or an executor, at his option.
Page 74.
The electronic version of the text was provided by the Scottish Council of Law Reporting