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Creditors of David Murray v Mr James Murray. [1686] Mor 12895 (00 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor3012895-049.html Cite as:
[1686] Mor 12895
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. VII.
Obligation by one in his contract of marriage, to provide certain sums or subjects to the issue of the marriage, how far effectual in competition with creditors?
Creditors of David Murray v. Mr James Murray
1686.
March. Case No. No 49.
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David Murray's Creditors having adjudged his lands, and raised reduction of a prior adjudication, at the instance of Mr James Murray, for 6000 merks, provided by David, in his contract of marriage, by way of destination to the bairns of the marriage; to which provision Mr James had right by assignation from the only child of the marriage;
The Lords found, that the daughter's right being but a destination, it could not compete with the father's true creditors; and, therefore, reduced Mr James's adjudication in quantum prejudicial to the true creditors.
