[1633] Mor 9473
Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. VI. Pactum contra Fidem Tabularum Nuptialium.
Hepburn
v.
Seton
1633 .December .
Case No.No 24.
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Some part of the things prestable on the bridegroom's father's side, viz. to possess his son in a certain number of chalders of victual, being remitted by the bridegroom himself on the very day of the contract, by a private transaction between his father and him; this was found contra bonos mores et fidem tabularum nuptialium; and, therefore, declared null.
1634. January 15.—But the son, long after the marriage, having voluntarily come to his father, and promised to adhere to the former bargain; the
Lords, in regard he prejudged none thereby but himself, and that his promise could not bind his wife, found this relevant to be proved by his oath. *** This case is No 71. p. 8959. voce Minor.
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