You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Kilbocho's Relict v The Children. [1665] 2 Brn 422 (12 December 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Brn020422-0697.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Kilbocho's Relict v. The Children
Date: 12 December 1665
Click here to view a pdf copy of this documet : PDF Copy
In a case betwixt the relict of Kilbocho and the children of that marriage, wherein she was provided to the hail conquest, the acquiring whereof did burden the heir with debt equivalent to the conquest; Found,—That was only conquest, whereof she behoved to have a liferent, which was acquired by her husband without contracting of debt; and conquest in this case of a liferent was only found ought to be understood which is free, deducto ære alieno.
Alleged, That as the heir of conquest will not be liable in payment of the debt till the heir of line be discussed, so no more could the relict be liable to the debt contracted for the conquest, but the heir declared liable in payment thereof, and she have the same free. On the other hand, Contended that a terce of moveables and a terce of lands agreed in this, that as a relict could pretend no right to a third of moveables, but deducing debts, so no more can she in a terce of lands.
