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 >> Christian Stenhouse v Jean Young. [1737] 1 Elchies 300 (13 July 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010300-006.html
[New search] [Printable PDF version] [Help]
Subject_1 MUTUAL CONTRACT.
Christian Stenhouse
v.
Jean Young
1737 ,July 13 .
Case No.No. 6.
Click here to view a pdf copy of this documet : PDF Copy
The Lords repelled the defence founded on Stenhouse the father's intromission with the rents of the house in Liberton's Wynd, and they also thought there could be no collation in heritage, (but gave no interlocutor upon it, and indeed the defence as laid was nonsense.) But they found that Jean and Christian Young were heirs of provision and creditors to their father in the 6000 merks in his contract of marriage as well as in the conquest; that the 2000 merks found to Christian's husband in name of tocher did impute in part payment of her share; that therefore she, and now her daughter Christian Stenhouse, pursuer, remained creditors only in 1000 merks, and that Jean remains still creditor in 3000 merks, and that these sums must be paid primo loco out of the father's estate and rents thereof, and only the remainder to divide, and remitted to the Ordinary to proceed accordingly.—13th July, The Lords adhered,
The electronic version of the text was provided by the Scottish Council of Law Reporting