Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. I.

Retention until the other party perform.

Petrie
v.
Paul

Date: 20 July 1664
Case No. No 2.

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Petrie pursues a removing against Paul, who alleged absolvitor, Because she possessed, by virtue of her infeftment. It was replied, The infeftment was null by exception, as following upon a contract of marriage, which marriage was dissolved within year and day. It was duplied, That the infeftment behoved to stand valid, being in recompence of her tocher, until her tocher was repaid.

Which the Lords found relevant, unless it were alleged, that the tocher was not paid to the husband, but in her own hands, or her debtor's.

Fol Dic. v, 1. p. 595. Stair, v, 1. p. 220.