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Scottish Court of Session Decisions >>
Smith and Others v Henderson. [1750] Mor 12988 (22 February 1750)
URL: http://www.bailii.org/scot/cases/ScotCS/1750/Mor3012988-117.html Cite as:
[1750] Mor 12988
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIII.
What understood to be sufficient implement.
Smith and Others v. Henderson
Date: 22 February 1750 Case No. No 117.
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A Tenant being obliged, by his contract of marriage, to lay out 3700 merks on land, and to take the rights to himself and wife in liferent, and children of the marriage in fee; the Lords found he was not obliged to ruin himself by implementing this obligation, which could not be done without selling the stocking of his farm.
Fol. Dic. v. 4. p. 190. D. Falconer. Kilkerran.
***This case is No 17. p. 6563. voce Implied Obligation.
