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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Crawford v Mitchell. [1743] Mor 9140 (22 June 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor2209140-008.html
Cite as: [1743] Mor 9140

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[1743] Mor 9140      
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. I.

Retention until the other party perform.

Crawford
 v.
Mitchell

Date: 22 June 1743
Case No. No 8.

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A wife having assigned a portion to her husband in the contract of marriage, on condition of his providing her if she survived him in a certain liferent, a creditor of the husband's arrested the portion, as yet unpaid, in the nands of the wife's brother. The Lords found, that the brother was not obliged to make the sums arrested furthcoming, unless the arrester should find caution for the whole liferent provided to the wife, in case of her survivance.

 Fol Dic. v. 4. p. 12. C. Home.

*** This case is No 31. p. 8266. voce Liferenter.

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/1743/Mor2209140-008.html