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Scottish Court of Session Decisions >>
Philip v Philip. [1629] Mor 3415 (29 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0803415-016.html Cite as:
[1629] Mor 3415
Divorce. - Failzie. - Redemption. - Extinction by Intromission. - Gift of Forfeiture.
Philip v. Philip
Date: 29 July 1629 Case No. No 16.
A father infeft his daughter in an anualrent, redeemable by himself. He having redeemed it, the Lords found no necessity for a declarator of redemption.
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A father having infeft his daughter in an annualrent furth of his lands, redeemable by himself for a small sum, and in his own time redeems the said annualrent; after his decease, the daughter pursues poinding of the ground for the said annualrent, from the heir of one to whom her father sold the lands. He alleges, That the annualrent was redeemed by her father. It was replied, That no declarator was obtained against the redemption. The Lords found no necessity of a declarator in this case.
