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Scottish Court of Session Decisions >>
Erskine and Cranston v Marjoribanks of Dedrigs. [1694] 4 Brn 231 (27 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040231-0523.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Erskine and Cranston v. Marjoribanks of Dedrigs
Date: 27 December 1694
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Halton reported Erskine and Cranston against Marjoribanks of Dedrigs. The said Erskine, with her husband's consent, assigns the benefit of her brother Mr William Erskine, minister of Edinburgh, his executry to Dedrigs; who, pursuing thereon, she compears and gives in a disclamation of the process in her name; and that she did it ob metum reverentialem, her husband being vir ferox, and interdicted; and that the office of executry was personal, and not cessible.
The Lords thought his interdiction could not stop this assignation, being of moveables only; and the design of interdiction is to secure heritage; and her disclamation could not take place, because the husband could have disponed on it however, it falling under his jus mariti: Therefore they repelled the dilator; but allowed her to go on in her reduction of the assignation, as extorted vi et metu, as accords.
