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Scottish Court of Session Decisions >>
Crawford v Mitchell. [1743] Mor 9199 (22 June 1743)
URL: http://www.bailii.org/scot/cases/ScotCS/1743/Mor2209199-049.html Cite as:
[1743] Mor 9199
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A person, in his contract of marriage, bound himself to employ the sum of L. 166 Sterling, together with the sun of L. 186 of tocher, after assigned, on sufficient security to himself and wife, in conjunct fee and liferent, for her liferent use, and to the children in fee. The wife, on the other hand, assigned to her husband a bond due her of L. 186 Sterling, and execution was appointed to pass, at the instance of the debtor, on said bond. A creditor of the husband having arrested this bond in the hands of the debtor, and pursued a furthcoming, the Lords found, that the said sum being assigned by the wife in her marriage-contract, to herself in liferent, the debtor in the bond, who was trustee for executing the contract, could not be obliged to make furthcoming to the pursuer any part of the principal sum, unless the pursuer should find caution for the whole liferent provided to the wife in case of her survivance.
