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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Menzies v Burnet. [1666] 1 Brn 543 (18 December 1666)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Menzies
v.
Burnet
18 December 1666 Click here to view a pdf copy of this documet : PDF Copy
A relict being provided to the liferent of the conquest during the marriage, and pursuing for the same;
It was alleged, That the money in question, which the pursuer pretended to be conquest during the marriage, did belong to the defunct before the marriage, and that the bond was renewed after it. The question was, What way the said allegeance, tending to take from the pursuer the benefit introduced in her favours by writ, and by her contract of marriage, could be proven.
Yet the Lords inclined to find it probable by the debtor, and the witnesses in the bond; but, before answer, they ordained the defender to use such probation as he thought fit, for proving the allegeance; reserving to themselves to determine what it should import.
Page 28.
The electronic version of the text was provided by the Scottish Council of Law Reporting