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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Agnes Stewart of Phisgill, v Mrs Christian Heron, Widow of Captain Stewart of Phisgill. [1749] 2 Elchies 219 (22 February 1749) URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies020219-021.html |
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Subject_1 FRAUD.
Date: Agnes Stewart of Phisgill,
v.
Mrs Christian Heron, Widow of Captain Stewart of Phisgill
22 February 1749
Case No.No. 21.
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Though in 1743 we reduced a tailzie made by John Stewart of Phisgill in 1719, as done in fraudem tabularum, of his marriage-contract 1688, and our decree affirmed in Parliament, (as marked voce Mutual Contract;) Captain Stewart, the heir for the time by the entail 1719, and who was infeft and in possession of the estate, having by his marriage-contract provided his wife to a liferent of 900 merks out of that estate, and afterwards in implement of it, and for love and favour, infeft her in a jointure of 1200 merks; the Captain being now dead, in a dispute betwixt Agnes Stewart, now of Phisgill, and the widow, we sustained the widow's infeftment for 900 merks, but not for the additional 300 merks.—We adhered. (See Dict, No. 24. p. 1705.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
