Cunynghame v. Cunynghame

Under a contract of marriage entered into between the defender, father of the purser and pursuer's mother, defender binds himself, his heirs and successors, to make due and lawful resignation of the lands, baronies, teinds, right of patronage, in favor defender's further dispositions (new infeftments). Then, defender sold part of the estate settled in his marriage-contract. Pursuer submit to the Court of Session for review the interlocutor pronounced as to prevent defender from selling his state and granting a valid right to a purchaser. The majority of the Court held that the father, defender, was entitled to dispose of his state without disappointing his heirs.