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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hindrick v James Dickson. [1627] 1 Brn 238 (5 December 1627)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Hindrick
v.
James Dickson
5 December 1627 Click here to view a pdf copy of this documet : PDF Copy
The husband subscribes a charter to his wife, of certain lands, stante matrimonio, but gives no infeftment stante vita; but, after his decease, she intromits with her husband's writs, and finds the charter amongst the rest. The husband's brother, succeeding to him as heir, charges the relict to deliver the house and place. She defends, and, moving other defences, alleges, that she should bruik by virtue of the said charter. It was replied, That the charter was never delivered,
nor no seasine was given thereupon, and was only found among her husband's writs by her;—which was referred to the defender. The Lords repelled the exception, in respect of the reply. Page 260.
The electronic version of the text was provided by the Scottish Council of Law Reporting