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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Allan v Williamson. [1741] 1 Elchies 182 (11 February 1741)
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Cite as: [1741] 1 Elchies 182
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[1741] 1 Elchies 182
Subject_1 HERITABLE AND MOVEABLE.
Allan
v.
Williamson
1741 ,Feb .11 .
Case No.No. 12.
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The question here occurred to the Lords (though not in the bill) whether a liferent assigned descends to the assignee's executor or to his heir; and some of us, particularly Arniston and I, inclined rather to the last, as having a tractus temporis;—and though it would fall under single escheat, yet that has no consequence; for so would tacks short of liferents,—so also would the superior's right to his vassals liferent escheat,—and yet it would not go to his executor but to his heir. But as this had not been argued before the Ordinary we remitted the cause to him. Vide Omnino Con. this abstract 4to, 231. Vide Culross F. 6. 7-8.
The electronic version of the text was provided by the Scottish Council of Law Reporting