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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Ann M'Donald v M'Kinnon. [1765] 5 Brn 904 (14 February 1765) URL: http://www.bailii.org/scot/cases/ScotCS/1765/Brn050904-1127.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Mrs Ann M'Donald
v.
M'Kinnon
14 February 1765 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IV. p. 198.]
In this case the Lords found that a liferent infeftment, granted to a wife in consequence of a bond of liferent annuity, was valid, though the bond was lost; because there was a disposition of liferent extant, pretty much in the same terms, but without any precept of sasine. This, with the instrument of sasine, they thought would be sufficient to prove the tenor; but upon the authority of two decisions, one observed by Durie, and another by my Lord Stair, Clapperton against Hume, 22d November 1628, the other, Norval against Hunter, 29th June 1665, they found that a proving of the tenor was not necessary. In a late case they found that, with respect to a bond of cautionry, the strongest evidence could not supply the want of a bond of cautionry.
The electronic version of the text was provided by the Scottish Council of Law Reporting
