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Scottish Court of Session Decisions >>
Janet Logan v Elizabeth Campbell and William Wallace. [1534] Mor 386 (21 July 1534)
URL: http://www.bailii.org/scot/cases/ScotCS/1534/Mor0100386-005.html Cite as:
[1534] Mor 386
Subject_1 ALIMENT. Subject_2 Of the act 1491, cap. 25. anent alimenting of Heirs. Subject_3 Import of the Act:
It is ordained, that where any lands happen to fall in ward to the King, or any baron of the realm, spiritual or temporal, or lands given in conjunct fee or liferent, as well as to burgh as to land, that the sheriff of the shire or bailies shall take surety of the person or persons, that gets or has such wards, that they shall not waste or destroy their biggings, orchards, woods, stanks, parks, meadows, or dovecots, but that they hold them in such kind as they are in the time that they receive the same; they taking their reasonable sustentation, or using, in needful things, without destruction or wasting thereof. “And an reasonable living to be given to the sustentation of the air, after the quantitie of the heritage, gif the said air has na blanche ferme, nor feu ferme land, to susteine him on, alsweil of the ward lands, that fallis to our Soveraine Lordis hands, as onie uther barronne, spiritual or temporal.”
Scots Acts, v. 1. p. 158.
Janet Logan v. Elizabeth Campbell and William Wallace
Date: 21 July 1534 Case No. No 5.
During the time of ward, the superior bound to aliment the relict.
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Gif ony man havand ane lauchful wife, and ane son gotten with hir, puttes his son in fee of all his lands, without ony reservation of tierce to his wife, and it happen thairafter, that he and his son baith deceis, and thair-throw all his lands fall in the superior's hands, be ressoun of ward and non-entries, an sic sort that the said wife, have na part nor portion thairof be ressoun of liferent tierce, conjunct fee, or otherwayis; the superior, induring the time of the ward and non-entries, and thairefter the richteous air of the saids landis, efter his entris thairto, may be compellit to give zeerlie to the said wife, for her sustentation, ane ressonabill deutie of the maillis of the said is lands, to leive upon, efter the modication and descretion of the judge.
Fol. Dic. v. 1. p. 28. Balfour, (Husband and Wife) p. 95.
