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Two daughters of a second marriage served themselves heirs in some tenements in Edinburgh, by hasp and stapple, on a clause in their mother's contract of marriage, bearing a provision of all goods and gear to be conquest during the marriage, to the children to be procreate thereof; and a reduction being raised by the bairns of the first marriage, the Lords found these words of the clause of conquest could not extend to houses, unless it had born lands and heritages, and this notwithstanding the children of the first marriage were provided in a special sum, which they had received and discharged; yet the Lords found they might reduce this service and infeftment, and succeed to the houses as general heirs of line.
Fol. Dic. v. 1. p. 197. Fountainhall, v. 1. p. 708.
