BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Lord Coupar v His Relict. [1681] Mor 11348 (1 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2711348-012.html
Cite as: [1681] Mor 11348

[New search] [Printable PDF version] [Help]

[1681] Mor 11348      
Subject_1 PRESUMPTION.
Subject_2 DIVISION I.

Presumed Alteration and Revocation.

Creditors of Lord Coupar
 v.
His Relict

Date: 1 December 1681
Case No. No 12.

Click here to view a pdf copy of this documet : PDF Copy

The Lord Coupar having, after contracting of debt, granted an additional provision to his Lady stante matrimonio, who was opulently provided before; and having afterwards contracted more debt, the anterior creditors questioned the provision on the act of Parliament 1621; and the posterior creditor alleged it was indirectly revoked by the posterior contracting of debt.

Answered; My Lord had a sufficient estate to pay all his debt, and so the provision could neither be quarrelled on the act 1621, nor could it be presumed revoked.

The Lords found the answer relevant. See No 5. p. 11337.

 Fol. Dic. v. 2. p. 133. Harcarse, (Stante Matrimonio.) No 868. p. 246.

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

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2711348-012.html