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Cite as: [1744] Mor 9140

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[1744] Mor 9140      
Subject_1 MUTUAL CONTRACT.
Subject_2 SECT. I.

Retention until the other party perform.

Murray
 v.
Graham

Date: 11 December 1744
Case No. No 9.

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A husband, in a contract of marriage, being bound by certain provisions and stipulations in his wife's favour, her father, on the other side, engaged to pay a certain sum in name of tocher. After the husband's death, the father was found entitled to retain the tocher till his daughter's claim for the stipulation in the contract was satisfied; but he was not found entitled to retain any part in lieu of the widow's aliment to the term following her husband's death.

 Fol. Dic. v. 4. p. 12. D. Falconer.

*** This case is No 122. p. 5918. voce Husband and Wife.

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/1744/Mor2209140-009.html