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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Sinclair of Brabster v Sinclair of Barrack. [1736] 2 Elchies 254 (16 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020254-006.html Cite as: [1736] 2 Elchies 254 |
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[1736] 2 Elchies 254
Subject_1 HUSBAND AND WIFE.
Date: Mrs Sinclair of Brabster
v.
Sinclair of Barrack
16 February 1736
Case No.No. 6.
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A man having given his wife a liferent of certain lands in satisfaction of the provisions in her contract of marriage, (whereby she had been provided to a share of conquest and of moveables,) by a disposition signed only by her husband, but which was found in the wife's cabinet at her death many years thereafter, but before her husband's death;—a proof being brought of the wife's acceptance of this disposition, the Lords first found that disposition not binding on her executors, 4th November, (but signed the 10th) 1736; but afterwards they found the disposition binding on her executors, though her acceptance was proven only by witnesses, no infeftment taken on it, and though thereafter, and during the wife's life, the husband gave an heritable security upon these new liferent lands, with several other lands, for a large sum of money, but on which there was not either any infeftment taken.
The electronic version of the text was provided by the Scottish Council of Law Reporting