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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Frazer v William Frazer. [1668] 2 Brn 143 (3 July 1668)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: John Frazer
v.
William Frazer
3 July 1668 Click here to view a pdf copy of this documet : PDF Copy
John Frazer having obtained a decreet against William Frazer, his brother, to deliver a tack of the lands of Boghead, granted to their father and his heirs, to whom the said John is heir,—William suspends on this reason, That he is heir to his father, of the second marriage, and produces his retour; and produces the contract of marriage, including a clause that all tacks conquest during the marriage should belong to the heirs of the marriage; and this tack being acquired during the marriage, the same belongs to him; and albeit it be conceived to the heirs generally, yet, by the contract, the pursuer, as heir-general, will be obliged to assign. It was answered, That this tack was no new conquest, but had been the old possession of the father; and the tack bear the lands to be presently possessed by him. The Lords found this tack to fall under the clause of conquest, unless the pursuer prove that there was an old tack standing, which expired not till the second marriage was dissolved, in lieu whereof this new tack was taken.
Vol. I, Page 548.
The electronic version of the text was provided by the Scottish Council of Law Reporting