Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
William Grant
v.
Grant of Ballandalloch
1650 .January 24 and25 .Click here to view a pdf copy of this documet : PDF Copy
In the suspension, William Grant against Grant of Ballandalloch, the decreet of removing was sustained, in respect of the wife's seasine, who had been infeft by her umquhile husband intuitu matrimonii, as is alleged; suppose her said umquhile husband, upon a redemption of the half of the lands, nad renounced the same, even that half wherein she was infeft, but without her consent. Alleged likewise, That the renunciation was null, as not being registrate debito tempore. But the Lords would have the contract of marriage to be produced, and her to say for what reason of her interest she can object that nullity, seeing the said William was not obliged to ken her, but to redeem from her husband, to whom it was wadset: and farther, it being amongst them donatio inter virum et uxorem, tacite revocata fuit by the redemption and renunciation.
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