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Scottish Court of Session Decisions >>
Helen Millar v Watson. [1666] Mor 12181 (21 July 1666)
URL: http://www.bailii.org/scot/cases/ScotCS/1666/Mor2912181-324.html Cite as:
[1666] Mor 12181
A decree of the Court of Session, being ultra petita, reduced.
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Watson having obtained a decreet before the Lords, against Hellen Millar, for the rent of some tenements in Glasgow, she suspends, and raises reduction, on these reasons: 1mo, That the decreet was null, as being ultra petita, in so far as the half of the duties was only libelled, and the whole was decerned: 2do, That Watson's right was as heir to———Watson, who was first wife to Brown, who stante matrimonio acquired this right to him, and her, and the one half to her heirs, and the other to his, which was a donation betwixt man and wife, revocable and revocked by the infeftment granted to Hellen Millar in liferent, his second wife. It was answered, That the decreet being in foro contradictorio, was irreducible: 2do, That the right was not granted by the husband to the wife, but acquired from a third party.
The Lords reduced the decreet, finding that it was visibly extracted by error of the clerks, being ultra petita, and therefore sustained the second reason, albeit it was omitted, that it was a donation betwixt man and wife, being acquired to the man and wife; and so presumed to be by his means, which is equivalent as if he had been author, unless that Watson could condescend that it was by the wife's means.
