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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reid v Barner's Heir. [1683] 2 Brn 50 (00 January 1683) URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020050-0140.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Reid
v.
Barner's Heir
About 1683 .Click here to view a pdf copy of this documet : PDF Copy
In a pursuit, at the instance of Jean Reid, against the heir of one Barner her husband, for a jointure provided to her by her said husband, in contemplation
of 2000 merks of portion contracted by her;—it was alleged for the defender, That the pursuer habuit intus, seeing the portion was not paid and she had no discharge thereof. Answered, Wives do not always take discharges of their tocher, as third parties do, when they are obliged for them; and the husband ought to have left a discharge: And the marriage having subsisted for the space of seven or eight years, the tocher ought to be presumed satisfied, as the Lords found in the case of David Dick's wife against —— her first husband's heir. The Lords sustained the answer, and the defender having thereafter referred the verity of this allegeance to the relict's oath, the Lords, in respect she was now clothed with a second husband, ordained her to depone, only to affect herself in case she survived the husband. Page 86, No. 350.
The electronic version of the text was provided by the Scottish Council of Law Reporting
