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Scottish Court of Session Decisions >>
Law v Muir. [1674] Mor 11416 (6 June 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor2711416-082.html Cite as:
[1674] Mor 11416
Tocher stipulated by a Wife in her Contract of Marriage when presumed paid.
Law v. Muir
Date: 6 June 1674 Case No. No 82.
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The Lords found, That there is a great difference betwixt an obligation by a woman in her contract of marriage, to pay a sum of money in name of tocher, and her being obliged to enter her husband to the possession of goods and gear, extending to a sum named; for, in the first case, they found, that the parties having lived long together, although the wife had gotten no discharge, it was not sufficient to prejudice her of her liferent; but, in the other case, the affirming that she had goods and gear to a certain value, and it being offered to be proved, that they were evicted from her, it was found, that she ought to condescend and prove, that she had goods of her own to the extent of the sum named in the contract.
