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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laird of Madridge and his Spouse, v Cockburn. [1627] Mor 7720 (28 June 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor1907720-002.html
Cite as: [1627] Mor 7720

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[1627] Mor 7720      

Subject_1 JUS QUÆSITUM TERTIO.
Subject_2 SECT. I

Stipulations in favour of third parties. - Order to pay money to third parties. - Effect to the third party, of voidance of the right by which he had been favoured.

Laird of Madridge and his Spouse,
v.
Cockburn

Date: 28 June 1627
Case No. No 2.

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The husband being infeft in an annualrent out of lands, he dispones the same to two of his bairns, reserving his own and his wife's liferent, who was not infeft with her husband in conjunct-fee. She pursues the occupiers of the lands after her husband's decease for the annualrent. They, with concurrence of the heir, allege the reservation can make her no formal right.-—The Lords find she has good right by reservation against the heir and his tenants, although it would not be sufficient against a singular successor having right to the lands.

Fol. Dic. v. 1. p. 511. Auchinleck, MS. p. 120.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor1907720-002.html