Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.
Subject_2 SECT. VI.

Pactum contra Fidem Tabularum Nuptialium.

Hepburn
v.
Seton

1633. December.
Case No. No 24.

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Some part of the things prestable on the bridegroom's father's side, viz. to possess his son in a certain number of chalders of victual, being remitted by the bridegroom himself on the very day of the contract, by a private transaction between his father and him; this was found contra bonos mores et fidem tabularum nuptialium; and, therefore, declared null.

1634. January 15.—But the son, long after the marriage, having voluntarily come to his father, and promised to adhere to the former bargain; the Lords, in regard he prejudged none thereby but himself, and that his promise could not bind his wife, found this relevant to be proved by his oath.

Fol. Dic. v. 2. p. 21. Spottiswood.

*** This case is No 71. p. 8959. voce Minor.