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Subject_1 MUTUAL CONTRACT.
Bannerman
v.
Sir A Bannerman.
1738 ,July 20 .
Case No.No. 8.
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The Lords repelled the objection against the contract of marriage as to its date, and: found the cautioner as well as principal bound in the obligement to reemploy, and adhered to the Ordinary's interlocutor that the tocher is presumed paid. They also found a decreet dative no sufficient proof of William Bannerman's death; but then we had difficulties as to the effect of the obligement to re-employ, Whether there would be place for that obligement if the debt on Marshall's estate was recovered by diligence during the husband's life? or 2dly, If it was so recovered after his death? but as there was no evidence of the fact we remitted to the Ordinary to take evidence of that fact.
The electronic version of the text was provided by the Scottish Council of Law Reporting