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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Young and Chalmers v Young and Macky. [1696] Mor 3054 (5 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor0703054-008.html
Cite as: [1696] Mor 3054

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[1696] Mor 3054      

Subject_1 CONQUEST.
Subject_2 SECT. I.

Clauses of Conquest, how far extended.

Young and Chalmers
v.
Young and Macky

Date: 5 February 1696
Case No. No 8.

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Two daughters of a second marriage served themselves heirs in some tenements in Edinburgh, by hasp and stapple, on a clause in their mother's contract of marriage, bearing a provision of all goods and gear to be conquest during the marriage, to the children to be procreate thereof; and a reduction being raised by the bairns of the first marriage, the Lords found these words of the clause of conquest could not extend to houses, unless it had born lands and heritages, and this notwithstanding the children of the first marriage were provided in a special sum, which they had received and discharged; yet the Lords found they might reduce this service and infeftment, and succeed to the houses as general heirs of line.

Fol. Dic. v. 1. p. 197. Fountainhall, v. 1. p. 708.

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/1696/Mor0703054-008.html