Scottish Court of Session Decisions

Subject_1 COURTESY.

Andrew Gordon and his Factor
v.
James Clark

Date: 16 June 1715
Case No. No 7.

Courtesy not due in burgage lands, because female succession has no place in burgage holding.

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In a process of mails and duties at the said Andrew Gordon's instance, against the possessors of some houses in Aberdeen, belonging to him as heir served to his mother, who was infeft therein on a disposition from her father, while her brother was alive;—compearance being made for the said James Clark, who had been married to the mother; and it being alleged for him, that the decreet could not go out, because he possest by virtue of the courtesy, which indefinitely takes place in all heritage, wherein the wife died infeft;

It was answered for Gordon, 1mo, That here the wife was no heiress, her right being only acquired singulari titulo, and the law says (heiresses), and these have a rank and dignity to be kept up by their husbands, which singular purchasers have not; and this was found in Lawson against Gilmour, supra. 2do, The lands in question are burgage lands, wherein no courtesy takes place.

The Lords, in respect the tenements were burgage lands, repelled the defender's allegeance founded on the courtesy, and found he could have no title thereto.

Act. Alex. Falconer. Alt. Leith. Clerk, Roberton. Fol. Dic. v. 1. p. 205. Bruce, No 101. p. 123.