In questions betwixt Husband and wife, who understood Fiar.
Subject_3 SECT. III.
Where the Wife's Heirs last in the Institution.
James Ramsay of Cockpen v. John Maxwell of Conkaith
Date: 24 July 1612 Case No. No 22.
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Found, That the heritable right is not ruled by the last termination, but that it pertains to the heir of the first fiar. This found in an infeftment taken by Nicol Ramsay of Cockpen, and Elizabeth Rigg his spouse, in conjunct fee, and to the heirs betwixt them; which failing, to the heirs of his own body; which failing, to the said Elizabeth, and the heirs of her whatsoever.
