Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.

Johnston, &C
v.
Johnston, Lady Logan

1740, June 11.
Case No. No. 16.

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The Lords, in consideration of the circumstances of the case, and particularly the cause expressed in the first bond of corroboration, for the brother renouncing the clause: of return in his father's bond of provision, which was, that failing children of Mary Anne, the 8000 merks should return,, and instead of that clause making the clause to re-turn in case of her dying before marriage, and in the same deed granting an additional provision for 7000 merks, payable indeed at the first term after Mary-Anne's marriage,. but to return in case of her death without children lawfully procreate of her body, and existing at the time of her death;—the Lords were of opinion that the granter had this event in his view, and as his sister had a sufficient portion, the 8000 merks for a marriage settlement, his meaning was that she should not disappoint the clause of return by assigning even in her contract of marriage and therefore found the clause of return still effectual notwithstanding the said contract; and the said Mary-Anne having already assigned the money, found the assignee, Captain Napier, obliged, upon payment, to find caution to repeat, in case the condition of the return shall exist This was unanimous.