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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Barham v Lord Mordaunt. [1734] 1 Elchies 299 (13 July 1734) URL: http://www.bailii.org/scot/cases/ScotCS/1734/Elchies010299-002.html Cite as: [1734] 1 Elchies 299 |
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[1734] 1 Elchies 299
Subject_1 MUTUAL CONTRACT.
Barham
v.
Lord Mordaunt
1734 ,July 13, 27 .
Case No.No. 2.
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The Lords found she could not recur to her tocher in respect of her renunciation of her liferent infeftment The Lords made some difficulty as to the general point, Whether the relict would have a preference on her own tocher, if there had been no renunciation by her of her liferent infeftment, notwithstanding the bonds assigned for the tocher were assigned to the husband, not by the wife but by her father, and did not remain in nudis finibus obligationis? which was the case of Selkirk quoted for the relict, but was completed by intimation. Several Lords were against her preference, particularly Newhall, Dun, Milton, Murkle, et ego. But the President was clearof a different opinion, and Strichen seemed to join him; and because the decision betwixt Nisbet and Gordon of Troquhen was not produced, therefore the general point was not determined.—27th July, The Lords adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting
