Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Pringle v his Sister Elizabeth and Rutherfoord her Husband. [1688] 2 Brn 126 (20 July 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn020126-0341.html
Cite as: [1688] 2 Brn 126
[New search] [Printable PDF version] [Help]
[1688] 2 Brn 126
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Date: Robert Pringle
v.
his Sister Elizabeth and Rutherfoord her Husband
20 July 1688 Click here to view a pdf copy of this documet : PDF Copy
A father having granted an 8000 merks' bond of provision [to his daughter,] with a quality, that, if she married without consent of her mother and brother, it should be restricted to 6000, and the other 2000 should accresce to the brother; and [she] having pursued the brother for the whole 8000 merks,—he alleged, That she had fallen from 2000 thereof, by marrying without his consent. Answered, 1. The clause of restriction was not known to the pursuer. 2. The mother hath consented, and the defender cannot give a rational exception against the match. Replied, Such clauses are adjected by parents to secure their children from being a prey to unequal persons; and this is not a depriving her of all provision, but only a restriction. 2. The mother's consent was impetrated ex post facto, and the husband hath no visible estate. The Lords sustained the answer, and decerned for the whole. Here the husband had an employment.
Page 54, No. 227.
The electronic version of the text was provided by the Scottish Council of Law Reporting