Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: John -
v.
- -
15 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the removing at John — his instance, of certain lands in the Water of Leith,—the exception, That they were tenants to the relict, now, of umquhile David Bell, who was obliged, by contract of marriage, to infeft her in these lands, and granted a procuratory of resignation for that effect,—was repelled, being proponed against a compriser, quia ubi nulla sasina ibi nulla terra; but might be sustained against the contractor's heir; in which case it is thought that a simple contract of marriage should be good enough for a woman's conjunct-fee, without a seasine. There was here an allegeance proponed also, upon a decreet of improbation at B— of the Cottes' instance against Bell, where it was interlined, and some name blotted, which the Lords thought good to be conferred with the register and warrants of process.
Page 161.
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