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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Isobell Allan v James Halyburtoun. [1664] 1 Brn 499 (23 November 1664)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Isobell Allan
v.
James Halyburtoun
23 November 1664 Click here to view a pdf copy of this documet : PDF Copy
James Halyburtoun, brewer in Edinburgh, grants bond to his wife, Margaret Allan, whereby he binds and obliges him to provide her, and the heirs begotten betwixt them, failyieing her nearest and lawful heirs, to certain tenements of land, and to infeft them therein. The narrative was, In regard she was not provided by contract of marriage, and that he had received a competent portion with her, after the decease of the said Margaret, who died without any children procreated of the marriage. Isobell Allan, and remanent sisters of the said Margaret pursue James Halyburtoun for implement of the said bond of provision. And the said James, having revoked the foresaid bond, as being stante matrimonio done, and raised reduction thereof;—the Lords found the bond granted by the husband to the wife to be donatio inter virum et uxorem, and sustained the reason of reduction; likeas they reduced the same.
Page 6.
The electronic version of the text was provided by the Scottish Council of Law Reporting