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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Young Prestongrange v The Lady Craigleith. [1682] Mor 3054 (00 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0703054-007.html
Cite as: [1682] Mor 3054

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[1682] Mor 3054      

Subject_1 CONQUEST.
Subject_2 SECT. I.

Clauses of Conquest, how far extended.

Young Prestongrange
v.
The Lady Craigleith

1682. March.
Case No. No 7.

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Found, that an obligement to provide a wife to a third, in liferent, of lands and heritages to be conquest during the marriage, did comprehend a sum belonging to the heir, by a clause secluding executors, as falling under the word heritage. Upon a representation, that clauses of conquest are to be strictly interpreted; and, therefore, by heritages in this case, heritages by infeftment are to be understood; the interlocutor was stopped: but it was thereafter adhered to.

Fol. Dic. v. 1. p. 197. Harcarse, (Contract of Marriage) No 343. p. 83.

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/1682/Mor0703054-007.html