Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Countess of Kincairden v. Maghie of Ballmaghie
Date: 10 January 1693
Click here to view a pdf copy of this documet : PDF Copy
In the Countess of Kincairden's pursuit for avail of Maghie of Ballmaghie's marriage, the Lords abstracted from the general point of law, and modified it to two years and a half's rent; without determining what should be the precise time at which the estimation should be made, and which of thir four periods to fix on, viz. the ward-vassal's age of fourteen years, when he is marriageable, et cessit dies obligationis; or twenty-one years, for then venit dies; and the superior or his donatar may exact it; or when the superior requires him; after which requisition, he becomes liable on the double avail; or, 4to, when he actually marries. Some were for making it eighteen, which is the age in law called plena pubertas, but it is fit the Parliament clear this; for his estate may increase after fourteen, by adventitious accessions; or may be diminished by mispending; and it is hard that the superior should either gain or lose by these accidents. See Stair, 5th January, 1681, Dun.
