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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Hamiltoune v The Laird of Kilbaith-month. [1627] 1 Brn 230 (16 January 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010230-0519.html

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[1627] 1 Brn 230      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Mr John Hamiltoune
v.
The Laird of Kilbaith-month

Date: 16 January 1627

Click here to view a pdf copy of this documet : PDF Copy

The husband and his wife assign to a creditor the sum obliged by the wife's father to the cedent by contract of marriage, and thereby ordained it to be employed to the behoof of the two married persons and their heirs. The assignee charges for the tocher. The father, promitter of the tocher, suspends; alleging, that he ought not to make payment to the assignee; but first ought to have the conditions of the contract fulfilled. The Lords suspend the charge, and ordained the suspender to have the conditions of the contract fulfilled to him when he had made payment.

Page 42.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010230-0519.html