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Cite as: [1688] Mor 2954

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[1688] Mor 2954      
Subject_1 CONDITION.
Subject_2 SECT. I.

Si Sine Liberis.

William Smeiton
 v.
Thomas Cushney

Date: 12 July 1688
Case No. No 14.

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It being provided in a contract, that the half of the tocher should return to the wife, in case she died without children on life, the Lords found, That the existence of bairns, who died before the wife, did not evacuate the condition of the return of the tocher, as being collata in tempus mortis uxoris.

 Fol. Dic. v. 1. p. 187. Harcarse, (Contract of Marriage.) No 396. p. 104.

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/1688/Mor0702954-014.html