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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Borthwick v Sir Walter Scott of Goldieland. [1629] 1 Brn 285 (5 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Brn010285-0728.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lady Borthwick
v.
Sir Walter Scott of Goldieland
5 March 1629 Click here to view a pdf copy of this documet : PDF Copy
A Conjunct infeftment granted to a man and his wife, stante matrimonio, by his wife's brother, although the husband paid a sum of money therefore, but not equivalent to the avail of the land, is not found donatio inter virum et uxorem; but her right for her lifetime is thought to proceed from the love of the brother, and, in that respect, she may bruik her liferent of the said land after her husband's decease, without any burden imposed by her husband without her consent.
Page 264.
The electronic version of the text was provided by the Scottish Council of Law Reporting