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Cunningham of Auchinharvy v Doctor Cunningham's Relict. [1686] 3 Brn 593 (26 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn030593-0906.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 26 March 1686
Cunningham of Auchinharvy v. Doctor Cunningham's Relict
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The case of Cunningham of Auchinharvy against Doctor Cunningham's relict, now spouse to Denholme of Westshiels, was reported by Harcus. The Lords found, where a woman had a peculiar and reserved liferent from her husband's jus mariti by her contract of marriage, she might dispone or assign it stante matrimonio, without her husband's consent; (for here his consent could not be got, being fled, as on the plot and forfeited.) This interlocutor was adjusted, with consent of parties, to give Auchinharvey a legal right to uplift the sums.
