Marriage Settlement – Relief among Heirs – Res Judicata. – The questions in this case were, 1st, Whether a deed executed by David Sinclair of Southdun in 1716 was to be considered a marriage settlement? 2. Whether it was competent to enter into that question, in respect of it being res judicata, by a decree pronounced between the same parties in 1763? 3. Whether the heir in possession, who is bound to keep down the interest of the debt due on the estate, during his possession, has relief against the other heirs of line taking separate estates? The Court of Session
Citations:
[1789] UKHL 3 – Paton – 113
Links:
Jurisdiction:
Scotland
Family
Updated: 23 March 2022; Ref: scu.580995