Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Anent Clauses of Conquest, in Contracts of Marriage

1677. July.

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Clauses of conquest, in contracts matrimonial, provided to heirs of the marriage, are very far different as to legal effects, from clauses providing the conquest to the bairns procreated; for bairns qua bairns, they are not bound to warrant their father's deed. Thir clauses of conquest impede the father's disposal of the conquest to other bairns of another bed, but do not hinder his free disposal of it to strangers, unless he were inhibited. See this supra, Catharine Mitchell's process against the Littlejohns, in June, 1676, No. 478.

Thus Sir G. Lockhart resolved in Seton of Barnes his Irish affair.

Advocates' MS. No. 632, § 2, folio 299.