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Scottish Court of Session Decisions >>
Cullerny v Sibbald. [1592] Mor 7025 (00 July 1592)
URL: http://www.bailii.org/scot/cases/ScotCS/1592/Mor1707025-090.html Cite as:
[1592] Mor 7025
Inhibition has Effect only against Voluntary Rights.
Cullerny v. Sibbald
1592.
July. Case No. No 90.
Found that a person inhibited, may, if he marry, dispone in conjunct fee and liferent to his wife ad sustinenda onera matrimonii, such a right not being perpetual.
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The Laird of Cullerny pursued Sibbald, Lady Pitblado, to hear and see certain infeftments made to her of the lands of Pitblado by her husband to be reduced and declared null. The reason of the summons was, his father obtained a decree of warrandice against the Laird of Pitblado, husband to the defender, to warrant to him certain assignations of reversions, and therefore, to put himself in tuto, caused serve inhibitions publickly; and so the infeftments made after to his wife stante inhibitione ought to be reduced as done in fraudem creditoris. It was answered, That the infeftments of conjunct fee made to his wife could not be reduced notwithstanding of the said inhibition, because it was given intuitu matrimonii; and as it was leisom to the Laird of Pitblado, non obstante prohibitione judicis, so there behoved, and it was leisom to give the wife a conjunct fee ad sustinenda onera matrimonii, the which was not perpetual, but suspended the action during the wife's lifetime. The Lords, for the most part, found the exception relevant, and that the person who was inhibited might thereafter marry, and give conjunct fee to his spouse, notwithstanding of the inhibition.
