Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL. 1672.
January.
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It came to be debated who was fiar in this conception. A sum is provided to a man and his wife and to the heirs of the marriage, which failyieing to the wife's heir. The termination on the wife's heir makes the doubt: yet the Lords found the man fiar, it being a donation flowing from him, and that he might have uplifted the sum in his lifetime and discharged it. See Hadinton, 10th November 1609, Bartill Tullo against Laird of Carberry,
