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Scottish Court of Session Decisions >>
Duke of Douglas v Lockhart of Lee. [1717] Mor 4343 (18 February 1717)
URL: http://www.bailii.org/scot/cases/ScotCS/1717/Mor1104343-031.html Cite as:
[1717] Mor 4343
Subject_1 FIAR, ABSOLUTE, LIMITED. Subject_2 SECT. V.
Clause of Return.
Duke of Douglas v. Lockhart of Lee
Date: 18 February 1717 Case No. No 31.
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Part of the family estate of Douglas being given away “to the heir of a second marriage, and the heirs of his body; which failing, to return to the right heir of the family of Douglas,” it was found, that this estate could not be gratuitously alienated in prejudice of the clause of return, it being argued, That here the proprietor was giving away an estate from his successors for a special use, in which this reasonable condition is implied, that when the use is at an end, himself or his heirs should have back the estate. See Appendix.
