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Scottish Court of Session Decisions >>
Relict of Crawford v Crawford. [1614] Mor 11463 (00 December 1614)
URL: http://www.bailii.org/scot/cases/ScotCS/1614/Mor2711463-139.html Cite as:
[1614] Mor 11463
Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Relict of Crawford v. Crawford
1614.
December. Case No. No 139.
Found in conformity with the above cases.
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The relict of James Crawford in Broughton pursued David Crawford as cautioner for James, to infeft her in 400 merks yearly that the defunct had infeft her in victual, exceeding the avail of the said 400 merks yearly. She answered, That it was not in satisfaction of her former contract, and so could not take it away. The Lords found, That it behoved to have been given rather animo exonerandi quam donandi, and so behoved to be interpreted in duriorem sortem; and likeways, in an action pursued by Daniston, relict of Mr James Muirhead, minister, against George Muirhead, No 360. p. 6152. for infefting her in an annualrent according to her contract of marriage, he suspending that she was infeft by her husband in more than the contract bore; and she answering it was not in contentation of her contract; the Lords found that it behoved to be interpreted in contentation of the contract.
