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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Andrew Brysone v Margaret Brysone, his Sister, and John Foulis, Fiar of Ratho, her Husband, for his Interest. [1673] 1 Brn 672 (20 January 1673) URL: http://www.bailii.org/scot/cases/ScotCS/1673/Brn010672-1632.html Cite as: [1673] 1 Brn 672 |
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[1673] 1 Brn 672
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mr Andrew Brysone
v.
Margaret Brysone, his Sister, and John Foulis, Fiar of Ratho, her Husband, for his Interest
20 January 1673 Click here to view a pdf copy of this documet : PDF Copy
In a reduction at Mr Andrew Brysone's instance, as having acquired the lands of Craigtoun, wherein he was infeft, against Margaret Brysone, his sister, for reducing her infeftment of an annualrent effeiring to seven thousand merks, granted to her by her father, before he disponed the said lands, as being done in lecto cegritudinis:—
It was answered, That he, being a singular successor, could not reduce a right ex capite lecti, unless he had been heir served to his father. 2do. Her right depended upon her mother's contract of marriage; whereby he was obliged to provide the said Margaret to seven thousand merks, as her portion, being a bairn of the said marriage, wherewith he had burdened the right of the said lands, purchased by the said Mr Andrew.
It was replied, That the said provision was satisfied as to the sum of two thousand merks, in so far as the defender's father had provided her to the sum of two thousand merks, contained in a bond granted to him in liferent, and the defender in fee, by the Laird of Broomhall.
It was duplied, That the said bond, bearing nothing that it was in satisfaction of the portion contained in the contract of marriage, it cannot be imputed in satisfaction thereof pro tanto; especially seeing, besides the portions provided
to the children of the marriage, he was obliged to provide them to the whole conquest of lands, or money, during the marriage. The Lords did sustain the reduction, in so far as might be extended to the sum of two thousand merks only; and found, that taking the bond to her in fee, ought to be interpreted in satisfaction of her portion pro tanto; and could not be ascribed to the obligement of conquest, unless her whole portion had been first satisfied aliunde; and that the pursuer ought to be assigned to that bond.
Page 302.
The electronic version of the text was provided by the Scottish Council of Law Reporting
