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[1629] 1 Brn 290      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

The Lady Dumfermling
v.
The Earl, her Son

Date: 1 July 1629

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In the seeking of a contract of marriage to be fulfilled, where the husband is obliged to infeft his wife in all the lands and heritages that he shall happen to conquesche during the marriage; it is to be understood of lawful and valid rights, whereby they may bruik the lands; but if a lord of erection buy, from his pretended vassal, a feu unconfirmed, this conquest is found, by the Lords, no conquest of a valid right, but, as it were, the acquiring of the vassal's possession and kindness.

Page 126.

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/1629/Brn010290-0748.html