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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Angus v Ninian. [1733] 2 Elchies 193 (23 November 1733)
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[1733] 2 Elchies 193
Subject_1 FIAR.
Angus
v.
Ninian
1733 .November 23 .December 6 .
Case No.No. 1.
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In a contract of marriage, the man's heritage being provided to the two spouses in conjunct fee and liferent, and to the heirs of the marriage in fee, which failing to the husband's heirs; and the wife having assigned a bond of 1000 merks iisdem verbis to the two spouses, and longest liver of them two in conjunct fee and liferent, and to the heirs and bairns of the marriage, which failing, to herself, her own heirs and donators; and the conquest in the same terms; and failing bairns, to divide betwixt the heirs of both, so that there was an exact equality in both; yet the Lords found that the husband, and not the wife, was fiar to the thousand merks; for they thought the heirs of the marriage must have taken it as heirs to him. (See Dict, No. 36. p. 4244.)
The electronic version of the text was provided by the Scottish Council of Law Reporting