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Scottish Court of Session Decisions >>
Douglas v Napier. [1617] Mor 11622 (7 February 1617)
URL: http://www.bailii.org/scot/cases/ScotCS/1617/Mor2711622-293.html Cite as:
[1617] Mor 11622
Acts and Deeds are presumed to have been done according to what is common and customary.
Douglas v. Napier
Date: 7 February 1617 Case No. No 293.
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In an action betwixt James Douglas, donatar to the gift of liferent of Christian Herring, Lady Lauriston, against Sir Alexander Napier, the Lords found that it was enough to the King's donatar to prove that the liferent of the lands of Lauriston was reserved in Sir Alexander Napier's contract; which reservation made her liferenter, and by her rebellion her liferent pertains to the King, except it was alleged that she held of another superior nor the King.Item, It was found that a sasine given propriis manibus, by her husband, or given up on his precept, was sufficient to elide the presumption, except the donatar would say that she was infeft to be holden of the King's Majesty.
