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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alison Pringle v Thomas Pringle. [1739] 1 Elchies 303 (14 December 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies010303-015.html |
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Subject_1 MUTUAL CONTRACT.
Alison Pringle
v.
Thomas Pringle
1739 ,Dec .14 .
Case No.No. 15.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found that Thomas Pringle, the son, having succeeded by disposition to his father, in lands exceeding his share of the provision in the contract of marriage, that his said share is thereby satisfied and extinct; for they most justly considered this obligement not as a debt to be paid first out of the executory, and then the heritage, but as a settlement by the father of his succession, whereby the father was bound to the respective children, that their succession should amount to the sum contracted, and that the father fully implemented it by letting the succession devolve to them severally (though no disposition had been made by him) to the extent of their shares of that sum. 8th February 1740, The Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
