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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v - . [1629] 1 Brn 278 (00 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010278-0706.html
Cite as: [1629] 1 Brn 278

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[1629] 1 Brn 278      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

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v.
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1629. February.

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The gift of a husband's liferent, disponed by a superior, cannot be extended to the lands which he only bruiks by his wife, jure mariti; but the duty of these lands falls under escheat, and must yearly be disponed, so long as the husband remains rebel; for the husband is not vassal to the superior of these lands, while his wife holds of the superior, although he possess the same jure mariti.

Page 224.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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