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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kennedy and Others, Creditors of Watson, v Cameron and Others. [1734] 2 Elchies 391 (4 July 1734)
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Subject_1 MUTUAL CONTRACT
Kennedy and Others, Creditors of Watson,
v.
Cameron and Others
1734 .July 4 .—1735 .January 29 .
Case No.No. 1.
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A tocher being contracted with the bride, and the husband taken bound to infeft her in a jointure, and to provide the fee to the issue of the marriage, but instead of performing, having sold the lands and broken; his creditors, as having right to the tocher, pursuing her brother, the Lords found the contract not voided, but found the defence relevant to assoilzie in hoc statu. The meaning was, that the brother had right to retain till the contract was implemented to the wife and children, if there should be any, and therefore the creditors could not demand it while the marriage subsisted.
The electronic version of the text was provided by the Scottish Council of Law Reporting