Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Paip v. Murray of Keilor, and Major Murray
Date: 15 December 1692
Click here to view a pdf copy of this documet : PDF Copy
Mr. John Paip's action against Murray of Keilor, and Major Murray, who had consented to young Keilor's contract of marriage, burdening his fee only with 12,000 merks; and yet by a private back-bond, of the same date, Keilor declared it should not prejudge Major Murray's debt, which was alleged to be contra fidem tabularum nuptialium. The Lords found any such private transaction could not prejudge the liferent provision in that contract to the wife; but that the children procreate of that marriage could not quarrel the said deed, seeing any clause conceived in their favours was only a mere destination, and which they could never reach without being heirs to their father, and so would become liable for his debts, though contracted after the date of the said contract; for he being fiar, what hindered him to sell or dispone it the next day, it only being provided to them as general heirs, and not as special heirs of a marriage, which would make them more favourable creditors; yet sundry of the Lords were of opinion, that when a man gives a considerable tocher to his daughter, in contemplation, not only of a jointure to be provided to her, but also of the fee of the lands to descend to his grandchildren, it should not be evacuated by fraudulent back-bonds, of even date with the solemn and public contract of marriage, by these who have consented thereto; and that this would encourage fraud.
