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Cleland v The Laird of Kirkurd. [1678] Mor 11625 (7 February 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2711625-299.html Cite as:
[1678] Mor 11625
Acts and Deeds are presumed to have been done according to what is common and customary.
Cleland v. The Laird of Kirkurd
Date: 7 February 1678 Case No. No 299.
A clause in a contract, mentioning a certain number of chalders of victual, found to mean of the measure of the; place where the deed was granted, and not the Linlithgow measure, which is the standard of measures.
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Margaret Cleland pursues the Laird of Kirkurd for making up of her jointure, which her husband was obliged to make appear to be worth, and pay six chalders of victual, and 300 merks yearly. The defender alleged, That, by this clause, Linlithgow measure, that is the common standard, behoved to be understood. It was answered, That the said act is only in relation to commerce, and never took place in most shires, and, particularly, in the shire of Tweeddale; and that contracts of marriage being most favourable, and of greatest trust, parties consider only the measure of the shire of the lands contracted.
The Lords found the measure of the shire or lands contracted to be the rule, and not Linlithgow measure.
Fol. Dic. v. 2. p. 162. Stair, v. 2. p. 612.
*** Fountainhall's report of this case is No 83. p. 449. voce Aliment.
