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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Hattonhall v Cranstons. [1631] Mor 6151 (21 July 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor1506151-357.html
Cite as: [1631] Mor 6151

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[1631] Mor 6151      

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION X.

Deeds betwixt Husband and Wife during marriage.
Subject_3 SECT. IX.

Power of Revocation, when it Ceases.

Lady Hattonhall
v.
Cranstons

Date: 21 July 1631
Case No. No 357.

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Donatio inter virum et uxorem stante matrimonio is revocable by the husband in his own time; which revocation must either be expressly or tacit, if the husband make disposition of the same lands, or other donation, to any other person, whereby his contrary mind may appear evidently; but, although he contract debts, for which his lands are comprised, this deed is not thought a revocation, that may annul the former gift to his wife

Auchinleck, MS. p. 90.

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/1631/Mor1506151-357.html