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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Hogg v Mrs Hogg and Her Children. [1749] 2 Elchies 71 (25 July 1749)
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Cite as: [1749] 2 Elchies 71
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[1749] 2 Elchies 71
Subject_1 BENEFICIUM COMPETENTIÆ.
John Hogg
v.
Mrs Hogg and Her Children
1749 .July 25 ,Nov .30 .
Case No.No. 3.
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A grandfather found to have beneficium competentiæ against his son's daughters, who were creditors to the son by their mother's contract of marriage, and had thereon adjudged from the son their father's estate; but to whom the grandfather was by law preferable by his liferent infeftment; only we had preferred them to him, because of some unfair practices and concealments of the grandfather in his son's marriage settlement; but reserving to him to be heard on his beneficium competentiæ, which we now sustained. And we sustained it also for an aliment to his blind daughter after his death.—Adhered, so as not to hurt the liferent of the widow, though they thought it would affect the fee of the grandchildrens houses in town.— Reversed in Parliament, March 1, 1750. (See. Dict. No. 4. p. 1390.)
See Notes.
The electronic version of the text was provided by the Scottish Council of Law Reporting