Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Spotteswood v Karkettle. [1649] 1 Brn 397 (29 June 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010397-1052.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John Spotteswood
v.
Karkettle
29 June 1649 Click here to view a pdf copy of this documet : PDF Copy
In the action at the instance of John Spotteswood, as assignee constituted by his sister, to the sum of 1000 merks, belonging to her by virtue of a substitution contained in her contract of marriage, bearing, That, failyieing of the heirs of marriage, 2000 merks should go to the husband, his heirs and assignees, and 1000 merks should come to her, her heirs and assignees;—Karkettle, the defender, alleged, That he could not be liable to pay her, seeing the heirs failyied not. But this is not so clear;—because, suppose there were children of the marriage, yet they died before the mother, nec erant deserviti; quod est apud nos jus acquirendi. Yea, I think farther, that the substitution should stand till they outlived minority, and, becoming majors, have liberam rerum suarum administrationem. And the Lords decerned for the pursuer.
Page 22.
The electronic version of the text was provided by the Scottish Council of Law Reporting