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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Mr John Mitchell v His Relict. [1742] 1 Elchies 249 (9 February 1742)
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Cite as: [1742] 1 Elchies 249
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[1742] 1 Elchies 249
Subject_1 LIFERENTER.
Creditors of Mr John Mitchell
v.
His Relict
1742 ,Feb. 9 .
Case No.No. 3.
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The Lords waved to determine the general point, Whether a liferent infeftment in a tenement in burgh, after it is demolished, and another much larger one built, subsists in the new tenement, and to what extent? because they thought, whatever might be the law in that case where the house perishes by accident, or by age, (in which case the Lords generally seemed to think the infeftment would be extinguished) yet where the husband himself destroys the old house and builds a new one, there they thought the infetftment would subsist; but in this case, they only preferred the relict to the extent of the sums in her contract; and before answer as to the other points, remitted to the Ordinary to hear as to what succession devolved to the husband through his wife's brother's death.
The electronic version of the text was provided by the Scottish Council of Law Reporting