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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: -
v.
-
25 July 1743 Click here to view a pdf copy of this documet : PDF Copy
[Elch., No. 9, Inhibition.]
Reduced an inhibition at the instance of the heirs of a marriage against a father, who, by the contract of marriage, had bound himself to settle his estate upon himself and wife in conjunct fee and liferent, and upon the heirs of the marriage in fee; notwithstanding of which provision, the father remained fiar, and the children only heirs of provision; and though they were creditors, in so far that the father could not make any voluntary or gratuitous alienations to their prejudice, yet the inhibition following thereupon could go no farther than the obligation which was the foundation of it, and therefore could not bar onerous alienations.
This was found, unanimously, upon the report of Lord Elchies.
The electronic version of the text was provided by the Scottish Council of Law Reporting