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Scottish Court of Session Decisions >>
Sir Robert Baird v The Earl of Aberdeen. [1692] 4 Brn 38 (30 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040038-0081.html Cite as:
[1692] 4 Brn 38
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir Robert Baird v. The Earl of Aberdeen
Date: 30 December 1692
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Sir Robert Baird against the Earl of Aberdeen. The Lords preferred the Earl's right upon the disposition; and found Sir Robert Baird's adjudication, being against Arthur Udney, before he had any right, (Jack, his mother-in-law, and the proprietor of these fishings being then alive,) it could convey to Sir Robert no right; and that the supervenient title of his being husband to the apparent heir, after Jack's death, could not accress to Sir Robert, because jus accrescendi did more take place in voluntary rights than in legal diligences of adjudication, or the like. And so they moved the second ground, viz. That Arthur Udney never had right jure mariti, the same being excluded by his good-mother's disposition to Margaret Douglas, her daughter, and Arthur's wife, in liferent, and to Arthur's children by her in fee, with seclusion of his jus mariti, and creditors from any interest in it. Which the Lords had sustained in the year 1691, in George Lawson's process against the said Arthur.
