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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Mann v Isobel Mann. [1736] 1 Elchies 482 (10 July 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010482-002.html Cite as: [1736] 1 Elchies 482 |
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[1736] 1 Elchies 482
Subject_1 TENOR.
Andrew Mann
v.
Isobel Mann
1736 ,July 10 .
Case No.No. 2.
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In a proving of a tenor of a postnuptial contract, the only adminicle produced being a copy taken of the alleged contract by a stranger, and the said tenor offered to be proven by the writer of the contract, and by the person who took that copy; but no special casus amissionis, but that either the wife gave it to her husband, and he lost or destroyed it, or that it was casu fortuito lost by herself;—the Lords gave an act for proving, though the contract contained extraordinary clauses, viz, the fee of the husband's whole present
stock, and of the half of the conquest, besides the whole liferent failing children,—renit. Royston, Justice-Clerk, Kilkerran, Monzie, et me.
The electronic version of the text was provided by the Scottish Council of Law Reporting
