Taking benefit of a reducible deed, while it stands, no homologation.
Sir John Home of Manderston v. Margaret Taylor, and her Husband
1734.
January. Case No. No 81.
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A tack let to a woman, secluding assignees, being reducible upon her marriage, it was found, that the letter's accepting several year's rent from the husband was no homologation to bar reduction; because, while the tenant was in possession, he could do no other than take the rent; and the accepting of it from the husband was doing no more than taking payment of what was due to him, without any intention to pass from his privilege of reduction. See Appendix.
