Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XII.
The onerosity of Provisions made in contracts of marriage.
Wood v. Reid
Date: 23 November 1680 Case No. No 93.
A father, while in prison, and reputed bankrupt, made an assignation to his son-in-law in lieu of to cher; although onerous, the daughter not being otherwise provided for, found reducible; and that a son-in-law, contracting with a father in such circumstances, must run the hazard of the father's debts.
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James Wood as creditor to umquhile Andrew Balfour, pursues reduction of an assignation procured by Balsour, of a sum belonging to Andrew in favours of Mr Patrick Reid, who married his daughter, as being betwixt conjunct persons, without a cause onerous. The defender having condescended upon several causes onerous; and amongst the rest, that he having married Balfour's daughter, the only child of his marriage, in favours of whom 25,000 merks were provided by her mother's contract; this assignation was all the provision he had, and therefore is in place of a contract of marriage, which being ad sustinenda onera matrimonii is an onerous, and most favourable contract. It was answered, That though it had been a formal contract, yet being granted by Andrew Balfour, who was in prison for debt, and commonly repute bankrupt, it could not prejudge lawful creditors; but Reid having married the woman, her father being in that condition, is not as if her father had been in entire reputation, but it must be understood that he married her cum periculo of her father's debts.
