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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010298-0777.html

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[1629] 1 Brn 298      

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

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Date: 16 December 1629

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In a contract, where a party is obliged to give a certain sum of money in tocher, and to do some other deed, if the woman marry with his consent, and failing thereof, that the bond for the money, and the other deed to be null;—the woman alleges, That he, whose consent should have been required, made no impediment or declaration of his dissenting to her marriage; which is equivalent to a consent. The Lords found the bond null, except his express consent had been obtained.

Page 126.

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/1629/Brn010298-0777.html