Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
- v. -
1673.
June.
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One having charged for a tocher upon a contract of marriage, the same was suspended, upon this ground; that, by the same contract, the husband was bound to employ a certain sum, upon sufficient security, to himself and his wife, in liferent and conjunct fee, and to the bairns of the marriage in fee; and which is not yet done; and till that obligement and condition of lying so much foregainst it be fulfilled, the tocher cannot be paid; at least, they must be fulfilled simul et semel. Pitmedden says, that the Lords suspended the letters aye and while the charger fulfilled his part, as in correspective obligations, and employed the sum conditioned by him conform to the obligement of the said contract. Vide a like case supra at No. 321, [1aird of Balnamoon against Macintosh, 9th Feb. 1672.] Yet this may prove very hard to exact of merchants, to cause them to give out their stock (with which it is far more their interest to trade,) upon annualrent, so destined and clogged.
