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Scottish Court of Session Decisions >>
Crawford and Semple v Crawford. [1543] Mor 5389 (2 July 1543)
URL: http://www.bailii.org/scot/cases/ScotCS/1543/Mor1305389-010.html Cite as:
[1543] Mor 5389
Heirship due to the heir of a baron who died infeft in lands, though they had been otherwise disposed of than to the heir.
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Margaret Semple, and Robert Crawford her spouse, for his, interest, askit airschip goods of her goodsir the Laird of ——, and Thomas Crawford, now the Laird thereof, and intromitter therewith.—It was excepted, because she was not air to him of any lands, she ought to have none of his guids, and also ipse non obiit vestitus de ullis terris ut de fædo. Nevertheless the Lords decernit her to have action quia erat deservita bæres, non de terris, et hoc eo magis pater dictæ Margaretæ obiit dominus liberi tenemeati in —— et erat nobilis, et baro, and therefore to have ane air, and the air to have airschip guids.
Fol. Dic. v. 1. p. 365. Sinclair, MS. p. 53.*** Balfour Reports the same case:
Gif ony gentleman or baron beand frank-tenementar allenarlie of ony landis, deceissis, his air aucht and sould have airschip gudis, albeit he be not servit air to him in special of ony landis, bot air general allenarlie.
