Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.

Jean Burden, &C
v.
David Smith

1738, June 29.
Case No. No. 7.

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The Lords found that the wife was a proper creditor to her husband in the half of the 7000 merits and of the conquest, in the events mentioned in the contract, and not an heir substitute, and superseded the other points till June, 19th February 1735.—Affirmed in Parliament.

The Lords would not determine the points depending on their interlocutor of 19th February because of a reclaiming bill yet depending; but unanimously found that the deed by the deceased wife to Smith her husband naming him executor and universal lega-tar conveyed all rights and debts of her's whether conditional or not. They also found the 8000 merks bond was thereby conveyed, and that it became due by the death of the children before marriage or majority, though the mother Smith's wife died before them, I9th June 1735.—This was reversed in Parliament.

The Lords adhered to the two interlocutors of 19th February and 19th June; but did not determine the point of tegitim,. nor whether the 7000 merks was testable, 18th July 1735.

The Lords sustained the bond, and thought the father might substitute to the children in their legitim in the event of their dying in non-age, especially that he left them his whole moveables, 13th February 1736.—24th February, The Lords adhered and refused a bill without answers.—This was reversed in Parliament.