Scottish Court of Session Decisions

Subject_1 CLAUSE.
Subject_2 SECT IV.

Clauses in Contracts of Marriage.

Forbes
v.
Badenoch

Date: 24 November 1760
Case No. No 32.

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A person bound himself, in his contract of marriage, to secure 6000 merks upon land, bond, or other sufficient security, and to take the rights in favour of himself and his wife, and the longest liver, in liferent, and to their heirs in fee. He purchased a small estate at the price of 6300 merks. The wife afterwards pursuing for deficiency of jointure, because the rent of the land did not equal the annualrent of 6000 merks,——The Lords found, that the obligation in the contract had been sufficiently implemented, and that the pursuer was not entitled to claim the difference.

Fol. Dic. v. 3. p. 127.