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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Richardson [or Ritchie] v Welch of Robson. [1630] 1 Brn 312 (4 July 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Richardson [or Ritchie]
v.
Welch of Robson
4 July 1630 Click here to view a pdf copy of this documet : PDF Copy
James Richardson, by contract of marriage, obliges himself to infeft his future spouse in liferent, and the heirs to be gotten of that marriage, in an annualrent of £200 out of a tenement of land. Thereafter the said James dispones the said tenement to his eldest son of the first marriage; which son sells the same to Welch of Robson. The heir of the second marriage pursues for poinding of the ground for the said annualrent. The singular successor defends himself by his infeftment granted to him by the heir of the first marriage who had received a disposition thereof from the father, who, notwithstanding of the said contract of marriage, or any clause therein contained in favours of the heirs of the second marriage, yet still remained fiar of the said tenement himself, and might, at any time he pleased, have disponed the said tenement and the annualrent out of the same, to whom he listed. Which the Lords found relevant.
Page 107.
The electronic version of the text was provided by the Scottish Council of Law Reporting