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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3716090-027.html

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[1663] Mor 16090      

Subject_1 TITLE TO PURSUE.

Lockie
v.
Paton

Date: 12 February 1663
Case No. No. 27.

A wife and her friends permitted to raise reduction of a deed executed by her husband in prejudice of her contract of marriage, during his life.


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Elizabeth Lockie, spouse to Dr. Paton, pursues a reduction of a disposition, granted, by her husband, to certain persons, as prejudicial to her contract; in which contract there was a clause, declaring execution to pass at the instance of certain persons, who concur with this pursuit.

The Lords sustained the pursuit, though it was not for implement, but for reduction of a right, impeding the benefit of the contract, without concourse of the husband, seeing the process was against a deed of the husband's, and he called passive.

Stair, v. 1. p. 177.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3716090-027.html