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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Janet Scheirsword v Robert Broune's Heir. [1630] 1 Brn 305 (3 February 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010305-0795.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Janet Scheirsword
v.
Robert Broune's Heir
3 February 1630 Click here to view a pdf copy of this documet : PDF Copy
Janet Scheirsword, relict of Robert Broune, pursues the said Robert his heir, for the duty of the land of Knockmarloch, as pertaining to her by virtue of her contract of marriage; whereby her spouse was obliged to provide her in liferent, to all lands, tacks, and possessions that should happen to be acquired by him during the marriage, whereof the said lands were a part. It was answered by the heir, That umquhile Robert Broune acquired only the superiority of the said lands, in so far as, before he bought the same, they were wadset to another person, and were not redeemed while after the father's decease, by the proper monies of the heir, and so the property was not conqueshed nor acquired by the father, but the naked superiority. The Lords find the relict can have no right by virtue of her contract, but to the superiority.
Page 45.
The electronic version of the text was provided by the Scottish Council of Law Reporting