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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dalmahoy v Brown. [1628] 1 Brn 278 (16 January 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Dalmahoy
v.
Brown
1628 .January 16 ;and1629 ,February 7 .Click here to view a pdf copy of this documet : PDF Copy
A wife, being executrix to her husband, after his decease, marries another
husband. After her decease, the bairns of the first marriage pursue the second husband, as universal intromitter with their mother's, his wife's, goods and gear. The Lords would not sustain this form of pursuit against the husband, in respect he was dominus, and might very lawfully intromit without danger. Neither could his intromission be counted vicious.—16th January 1628, and 7th February 1629. Page 102.
The electronic version of the text was provided by the Scottish Council of Law Reporting