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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Margaret Fyfe and Magdaline Balvairde v George Achinlecke. [1649] 1 Brn 418 (14 July 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010418-1118.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Margaret Fyfe and Magdaline Balvairde
v.
George Achinlecke
14 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension at the instance of Margaret Fyfe and Magdaline Balvairde against George Achinlecke, who had obtained decreet for heirship goods out of the moveables belonging to the goodsir; the reason was, That although they compeared and declared anent having the particulars, yet, they being but ignorant women, alleged now, that he could not have any heirship, his goodsir neither being baron, burgess, nor prelate; and, although he had, as being such a person, yet there was more due to themselves, by their contract of marriage, than would exhaust all. Whereupon some fell idly to dispute anent the particulars of heirship, it being ordinary to refer that to the roll in burghs royal. Others would allege, that heirship should be given to any that were retoured, even generally; and would hear advocates dispute thereon, suppose against a fundamental law.
Page 61.
The electronic version of the text was provided by the Scottish Council of Law Reporting
