Scottish Court of Session Decisions

Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. V.

Effect of Prestations in Mutual Contracts as relative to Assignees.

Laurie
v.
Lawson

1685. January.
Case No. No 61.

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A husband having received a part of the tocher from the wife's father, at whose instance execution was to pass, and in the receipt obliging himself not to crave the balance till he should implement the contract on his part; in a process at the instance of one to whom the husband had assigned the said balance, the Lords found that he could not insist for the remainder of the tocher, though he was a singular successor, until the contract of marriage was fulfilled on the husband's part.

Fol. Dic. v. 1. p. 598. Harcarse. Sir P. Home.

*** This case is No 44. p. 9188.