Not competent to object against a Party's title, without a Legal Interest. - What understood to be a Legal Interest.
King v. Ker
Date: 13 July 1627 Case No. No 26.
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A mother who contracted a tocher with her daughter, at her marriage, was found entitled to repete the same from the husband, her daughter having died within the year; although it was alleged, that the tocher was paid out of the daughter's means, and, therefore, repetition competent only to her representatives; in regard, it was jus tertii to the husband to plead upon their right, and he ought to repete to the mother, from whom he got it, she being liable to her daughter's representatives, if she intromitted with her money; only she was ordained to find caution to the husband, to warrant him at their hands, and at the hands of all others claiming interest.
Fol. Dic. v. 1. p. 517. Durie.
*** This case is No 380. p. 6169., voce Husband and Wife.
