Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 TERCE.

The Relict of John Campbell
v.
Gabriel Campbell

Date: 17 February 1776

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The husband's sasine, says Mr Erskine, B. 2, tit. 9, $ 46, is the measure of the wife's terce: thus, neither an heritable bond, nor a disposition of lands granted by the husband, if death has prevented him from giving sasine to the creditor or disponee, can hurt the terce; and so the Lords found, “ In respect that the deceased John Campbell was not, at the time of his death, denuded of the subject within mentioned by infeftment, but only by a title which remained personal; therefore find, that Katharine Waddell, his relict, is entitled to a terce of said subjects, and not to a third part of the price thereof.”

See Heritable And Moveable, and Jus Mariti.