Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

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Title: Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.
Author: Nisbet, John, Sir, 1609?-1687.
Publication: Edinburgh :: Printed by George Mosman ...,; 1698.
Rights/Permissions: This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this text, in whole or in part. Please contact project staff at eebotcp-info@umich.edu for further information or permissions.
Subject terms: Law -- Scotland.; Law reports, digests, etc. -- Scotland.
Cite this Item: "Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52358.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.

Pages

D. 172. Ramsay contra Carstairs. eod. die.

A Father, in his Contract of Marriage, being obliged to provide the Heir Female of the Marriage, and to pay to her 20000 lib. at her age of 15 years: and until then to entertain her: there being only one Child and Daughter of the Marriage, she and her Husband pursued the Father and his Curators, he being furious, to pay the said Sum. It was Answered, That the said Provision being only payable to the Heir Fe∣male, the Pursuer neither had nor could pursue upon that Quality and In∣terest dureing the Father's Life; specially seing both he and his Wife the Pursuers Mother, were living, and of that age, that they may have Heirs Male of the Marriage, or other Daughters: And if they should have Male Children, the Case and Condition of the Provision would deficere, and not exist; and if they should have moe Daughters, the Pursuer could not have Right to the whole Sum acclaimed It was Replyed, That the Fa∣ther was in effect civiliter mortuus; and the Pursuers would find Caution to refound, in either of the said Cases.

The Lords Found the Defence relevant, and that such Provisions being settled upon Heirs Female, by reason, and in case of exclusion of the Heirs Female of the Marriage, when Lands are entailed to Heirs Male, and there are no Heirs Male of the Marriage; The Term of Payment could not be understood to be during the Marriage. Strathurd Reporter. Gibson Clerk.