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Scottish Court of Session Decisions >>
Scotland v Reid. [1682] Mor 11416 (21 December 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor2711416-083.html Cite as:
[1682] Mor 11416
Tocher stipulated by a Wife in her Contract of Marriage when presumed paid.
Scotland v. Reid
Date: 21 December 1682 Case No. No 83.
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John Scotland, as executor to Henry Bairdner, who was first husband to Jean Reid, pursued her and her second husband, for payment of 2000 merks, which she was obliged in her contract of marriage to pay to her deceased husband, in name of tocher; the Lords found, in regard the wife was only party contractor for herself, and that none was burden-taker for her, or obliged with her for payment, and that the marriage did subsist for the space of 11 years, that the tocher was presumed to be paid, or that the husband had as much of the wife's means as did amount to the sum pursued for.
Fol. Dic. v. 2. p. 139. P. Falconer, No 35. p. 19.*** Sir P. Home reports this case:
1683. March.—By contract of marriage betwixt Henry Bairdner of Coultmill and Jean Reid his wife, she being obliged to pay to her future husband 2000 merks of tocher, at a certain term after the marriage, for which he provided her to a liferent out of his lands; and the said Henry Bairdner being deceased, and Thomas Bairdner, his brother, having acquired right to several debts, and having confirmed the foresaid 2000 merks, as executor-creditor to his brother, and having pursued the said Jean Reid and John Scotland her husband, for payment; the Lords found, that the marriage having continued for the space of 11 years, that it did presume the tocher was paid, seeing the husband all that time did not reclaim, or that the husband had gotten as much of the wife's means as did satisfy the tocher contracted; and, therefore, assoilzied the defender.
