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Scottish Court of Session Decisions >>
Henry Walwood and - Stevenson v Edward Gillespie and John Scot. [1683] 3 Brn 460 (13 March 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn030460-0694.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 13 March 1683
Henry Walwood and - Stevenson v. Edward Gillespie and John Scot
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Henry Walwood and Stevenson's reduction, ex capite inhibitionis, against Edward Gillespie and John Scot of Vogrie, being reported by Forret; the Lords most justly found, that, the debtor's children being by their mother's contract of marriage in effect heirs of provision to him, (though it was provided to the bairns of the marriage,) they cannot quarrel the rights their father made to the defenders, his lawful creditors; albeit these rights are granted after the inhibition used at the children's instance against their father, upon the mother's contract of marriage.
