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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Patrick Murray of Elibank v Mr William Oliphant of Kirkhill and Janet Mauld, his Spouse. [1634] 1 Brn 346 (1 February 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Brn010346-0922.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Sir Patrick Murray of Elibank
v.
Mr William Oliphant of Kirkhill and Janet Mauld, his Spouse
1 February 1634 Click here to view a pdf copy of this documet : PDF Copy
In an action of removing pursued by Sir Patrick Murray of Elibank against Mr William Oliphant of Kirkhill and Janet Mauld, his spouse, he obtains decreet of removing from certain lands, wherein Mr William had infeft him. The said Janet, being divorced from the said Mr William, suspends, and alleges, That
she cannot be removed from the lands of ——; because they are a part and pertinent of the mains of Uphall, wherein she stands infeft, by virtue of her contract of marriage, long before the pursuer's right. To the which it was answered, That her infeftment was only in the lands of Uphall, which is limited and specially designed, particularly by denomination of the proper names of the roums, and particularly by the tenants by whom these lands were laboured for the time; and Ponflatt is neither mentioned in her infeftment, nor the name of any tenant that laboured the same designed in the seasine; but, on the contrary, the pursuer is infeft in the same per expressum, and it cannot be pertinent of the mains of Uphall, wherein she is infeft. The Lords found the letters orderly proceeded, notwithstanding of the reason of suspension. Page 201.
The electronic version of the text was provided by the Scottish Council of Law Reporting