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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Panmure v The Young Laird of Geight and his Wife. [1633] 1 Brn 195 (1 February 1633)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: The Laird of Panmure
v.
The Young Laird of Geight and his Wife
1 February 1633 Click here to view a pdf copy of this documet : PDF Copy
In a declarator of the old Laird of Geight's escheat, pursued by Panmure;— Alleged for young Geight and his Wife, That the declarator could not be extended to certain lands wherein they were infeft by the old Laird, by virtue of their contract of marriage. Replied, That ought to be repelled; because, before the contract foresaid, the old man was rebel at the horn, after which time he could neither contract, nor do any deed in prejudice of the superior. Duplied, This contract being of an onerous cause, scilicet, pro dote, which is most favourable, cannot be prejudged by his lying at the horn; otherwise many inconveniences should follow upon it, to the hurt of poor women. The Lords repelled the exception, in respect of the reply.
Page 106.
The electronic version of the text was provided by the Scottish Council of Law Reporting