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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Relict of John Campbell v Gabriel Campbell. [1776] 5 Brn 627 (17 February 1776) URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050627-0764.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.
Subject_2 TERCE.
Date: The Relict of John Campbell
v.
Gabriel Campbell
17 February 1776 Click here to view a pdf copy of this documet : PDF Copy
The husband's sasine, says Mr Erskine, B. 2, tit. 9, $ 46, is the measure of the wife's terce: thus, neither an heritable bond, nor a disposition of lands granted by the husband, if death has prevented him from giving sasine to the creditor or disponee, can hurt the terce; and so the Lords found, “ In respect that the deceased John Campbell was not, at the time of his death, denuded of the subject within mentioned by infeftment, but only by a title which remained personal; therefore find, that Katharine Waddell, his relict, is entitled to a terce of said subjects, and not to a third part of the price thereof.”
See Heritable And Moveable, and Jus Mariti.
The electronic version of the text was provided by the Scottish Council of Law Reporting
