[1743] Mor 9140
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. I. Retention until the other party perform.
Date: Crawford
v.
Mitchell
22 June 1743
Case No.No 8.
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A wife having assigned a portion to her husband in the contract of marriage, on condition of his providing her if she survived him in a certain liferent, a creditor of the husband's arrested the portion, as yet unpaid, in the nands of the wife's brother. The Lords found, that the brother was not obliged to make the sums arrested furthcoming, unless the arrester should find caution for the whole liferent provided to the wife, in case of her survivance.
*** This case is No 31. p. 8266. voce Liferenter.
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