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[1636] 1 Brn 358      

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

Watson
v.
Robert Mackalay

Date: 19 January 1636

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If a curiality be not pursued by the husband, nor possessed after the heretrix hia spouse deceases, but [he] has suffered the heir, or the singular successor to whom the heir disponed the right of the lands, to bruik and possess the same all the days of the husband's lifetime, unquarrelled,—the executors of the husband may not, after his decease, move action against the heir or singular successor, for the maills and duties of the lands, as due to the defunct by the curiality.

2d MS.Page 40.

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/1636/Brn010358-0957.html