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Scottish Court of Session Decisions >>
Paterson v Tweedies. [1681] Mor 8545 (20 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor2008545-042.html Cite as:
[1681] Mor 8545
A marriage found due, though the vassal died in the King's service.
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Captain Paterson, as donatar to the ward and marriage of Tweedies of Whithaughs, pursues for the avail of the marriage.—The defenders alleged absolvitor, because their father, the King's last vassal, died in his Majesty's service at Philiphaugh, under the command of Montrose; and there are several statutes, declaring, That where the King's vassals dies in a battle, in his service, the vassal shall be free of the ward of the marriage.
The Lords repelled the defence, and found these statutes only temporary, but resolved to be the more favourable in the modification.
