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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Chalmers v Chalmers, Heirs-Portioners of Gadgirth. [1750] 2 Elchies 241 (2 January 1750)
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Cite as: [1750] 2 Elchies 241
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[1750] 2 Elchies 241
Subject_1 HEIR CUM PORTIONER.
Date: Chalmers
v.
Chalmers, Heirs-Portioners of Gadgirth
2 January 1750
Case No.No. 5.
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We found that the eldest should have as a præcipuum without recompense, not only the house and garden, and offices adjoining to and belonging to the house, but the orchard also and avenue through it to the house, so far as the garden reached; but as there were several superiorities, we appointed a hearing in presence whether these should be divided as far as could be without splitting any one superiority; or if the whole must go to the eldest, and the younger sisters have a recompense for the feu-duties.— N. B. The garden and orchard were only about two acres and a half. (See Dict. p. 5369.)
See Notes.
The electronic version of the text was provided by the Scottish Council of Law Reporting