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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jack v Hood. [1740] 1 Elchies 303 (6 November 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies010303-017.html |
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Subject_1 MUTUAL CONTRACT.
Jack
v.
Hood
1740 ,Nov .6 .
Case No.No. 17.
Click here to view a pdf copy of this documet : PDF Copy
The Lords (6th November 1739) found the father's obligement to the son in the contract of marriage is void by the dissolution of the marriage within year and day with out issue, and that the son's assignment conveyed no more than the debt, such as it was. Renit. President, Royston, Minto, Murkle, Arniston.
The Lords, (6th November 1740) altered the interlocutor of 6th November last, and found that no part of the obligation by the father to the son for 2000 merks being provided to the issue of the marriage, the obligation does not resolve by the dissolution of the marriage within year and day. Pro were royston, Milton, Minto, Arniston, Murkle. Con. were Drummore, Kilkerran, Dun, Balmerino, et ego,—and so it carried by the President's casting vote. 9th June 1742, The Lords Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
