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Scottish Court of Session Decisions >>
Creditors of Sir David Thoirs v Lady Middleton. [1729] Mor 984 (18 November 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor0300984-098.html Cite as:
[1729] Mor 984
Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XII.
The onerosity of Provisions made in contracts of marriage.
Creditors of Sir David Thoirs v. Lady Middleton
Date: 18 November 1729 Case No. No 98.
A provision by a person insolvent, to his nephew's wife in her contract of marriage, held to be onerous and not reducible.
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A person insolvent became bound in his nephew's contract of marriage, among other provisions, to pay the wife an yearly annuity of 2000 merks, to commence after the husband's decease, in security of which he infeft her in certain lands. The granter's creditors raised a reduction of this alienation, upon the act 1621, alleging it to be ultra vires for the granter, to make voluntary alienations of his effects, in prejudice of his prior lawful creditors.——The Lords refused to sustain the reduction, the said liferent provision being onerous as to the wife, in so far as upon the faith thereof, she had entered into the marriage contract.
