[1629] Mor 3415
Subject_1 DECLARATOR.
Subject_2 SECT. V. Divorce. - Failzie. - Redemption. - Extinction by Intromission. - Gift of Forfeiture.
Date: Philip
v.
Philip
29 July 1629
Case No.No 16.
A father infeft his daughter in an anualrent, redeemable by himself. He having redeemed it, the Lords found no necessity for a declarator of redemption.
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A father having infeft his daughter in an annualrent furth of his lands, redeemable by himself for a small sum, and in his own time redeems the said annualrent; after his decease, the daughter pursues poinding of the ground for the said annualrent, from the heir of one to whom her father sold the lands.
He alleges, That the annualrent was redeemed by her father. It was replied, That no declarator was obtained against the redemption. The Lords found no necessity of a declarator in this case.
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