BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Pollock v Muir and Sempil. [1629] Mor 3634 (24 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0903634-024.html Cite as:
[1629] Mor 3634
Click here to view a pdf copy of this documet : PDF Copy
In a special declarator for mails and duties, the husband of a wife, who is only liferentrix of lands, being year and day at the horn; the wife who is liferenter not being rebel; the superior of the lands whereof the wife is liferenter, having gifted the husband's liferent of these lands, so far as he had right thereto jure mariti, to a donatar, who after general declarator claiming the mails and duties by a special declarator; it was found, that albeit the husband was at the horn year and day, yet that thereby his liferent of these lands for the time of his living with his wife together, pertained not to the superior, seeing he was not a vassal to the superior, but only his wife was the vassal, who was not at the horn, whereby the superior could not have right thereto, but the said liferent would fall as a casuality of single escheat, and belong to be disponed only by the King, by a gift of single escheat.
Clerk, Hay.
Fol. Dic. v. 1. p. 254. Durie, p. 430.
