Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.

Margaret Robertson, Widow of Peter of Crossbasket,
v.
Peter,

Click here to view a pdf copy of this documet : PDF Copy

In which a tack had been set of locality lands by the father to the second son of a former marriage—in which it appeared to the Ordinary that it was not such a fair contract of location conduction as the husband had power to enter into, notwithstanding of the locality, but that it was a device to confer the possession of a great part of the locality lands upon the son at a rent below the just avail, and to diminish the yearly value and embarrass the widow's possession of the remaining part; (Fount, p. 35,)—he reduced the tack in a pursuit at the instance of the widow, and decerned the son to remove. And this day, 16th January 1777, the Lords adhered, and found expenses due.