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!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Scot and Muirhead her Husband. [1668] Mor 5396 (1 February 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor1305396-020.html
Cite as: [1668] Mor 5396

[New search] [Contents list] [Printable PDF version] [Help]


[1668] Mor 5396      

Subject_1 HEIRSHIP MOVEABLES.
Subject_2 SECT. II.

Who entitled to have Heirship Moveables.

-
v.
Scot and Muirhead her Husband

Date: 1 February 1668
Case No. No 20.

A man taking to himself lands in liferent, and to his daughter in fee, is not a baron, and has no heirship moveables.


Click here to view a pdf copy of this documet : PDF Copy

Mr Hary Scot's daughter, and her husband Mr John Muirhead, for his interest, being pursued as representing the said Mr Hary, for a debt due by him, the pursuer insisted on the title of behaving as heir by intromission with his moveable heirship.—It was alleged, That he could not have an heirship, being neither prelate, baron, nor burgess.—It was answered, That he had acquired the land condescended upon to himself in liferent, and to his daughter in fee; which was equivalent as if she had succeeded to him in the said lands.

The Lords assoilzied from that title, in respect he had no right in his person, in which she could have succeeded. Some were of opinion, That if the right had born the ordinary clauses, and a power to dispone and wadset, notwithstanding the fee in the person of the daughter, that in law he ought to be considered and looked upon as a baron; being in effect, and upon the matter a fiar.

Clerk, Hay. Fol. Dic. v. 1. p. 365. Dirleton, No 151. p. 60.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor1305396-020.html