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Mary Kincaid v John Ellis. [1680] 3 Brn 333 (4 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030333-0439.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Mary Kincaid v. John Ellis
Date: 4 February 1680
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In their competition, the Lords find Elieston's right being only subscribed by the husbands, and not by Duke Hamilton's daughters, it can extend to no heritable right, but only to moveables which fall under the jus mariti; and the husband's obligement to cause the Ladies subscribe is only personal. As also found, the back-bond granted by Mary Kincaid to Sir James Cockburn, who first bought the lands of Wariston, equivalent to an intimation of their rights, and which was prior to Elieston's intimation of his right of assignation to James Gray, who thereafter acquired these lands of Wariston from Cock-burn.
