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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Stewart of Falscastell v Christian Bannerman and Robert Stewart. [1633] 1 Brn 340 (16 February 1633)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Stewart of Falscastell
v.
Christian Bannerman and Robert Stewart
16 February 1633 Click here to view a pdf copy of this documet : PDF Copy
A decreet being obtained against Robert Stewart and Christian Bannerman, his spouse, for erection of a tenement forth of the said Bannerman's conjunct fee lands, before the sheriff of Pearth; and both the husband and wife being denounced to the horn, James Stewart of Falscastell takes the gift of their escheats,
and pursues general declarator of both heir escheats. It is alleged for Bannerman, That the horning is null quoad eam, in so far as she was clothed with a husband when she was denounced. To the which it was replied, That the horning stands good, in respect the same proceeds upon a fact and deed done by herself as well as her husband, whereupon decreet was obtained against them both compearing. The Lords found the horning null quoad the woman. Page 89.
The electronic version of the text was provided by the Scottish Council of Law Reporting