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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Irvine v M'Kittrick. [1684] Mor 12861 (28 November 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor3012861-025.html
Cite as: [1684] Mor 12861

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[1684] Mor 12861      

Subject_1 PROVISION to HEIRS and CHILDREN.
Subject_2 SECT. V.

The Husband being bound in a contract of marriage to provide the issue of the marriage, the heir or children, as creditors, may insist for implement without a service.

Irvine
v.
M'Kittrick

Date: 28 November 1684
Case No. No 25.

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The conquest being provided to the heirs and children of a marriage, the Lords, in a pursuit at the instance of the children who were not yet served heirs, sustained process; but, before extracting of any decreet, ordained them to be served heirs.

Fol. Dic. v. 2. p. 278. Fountainhall.

*** This case is No 7. p. 11283.

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/1684/Mor3012861-025.html