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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Dun v Viscount of Arbuthnot. [1681] Mor 8544 (5 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2008544-041.html
Cite as: [1681] Mor 8544

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[1681] Mor 8544      
Subject_1 MARRIAGE, AVAIL OF.

Lord Dun
 v.
Viscount of Arbuthnot

 Date: 5 January 1681
Case No. No 41.

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The heir is only liable for the avail of his marriage, effeiring to the estate he got from his predecessor, without considering the value of his tocher.

An apparent heir, though married, was found not personally liable for the avail of his marriage, not having entered into possession of his predecessor's estate.

 Fol. Dic. v. 1. p. 570. Stair.

*** This case is No 4. p. 4417. voce Feu.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2008544-041.html