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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reids v Campbell. [1728] Mor 3327 (13 November 1728) URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor0803327-107.html Cite as: [1728] Mor 3327 |
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[1728] Mor 3327
Subject_1 DEATH-BED.
Subject_2 SECT. XIII. Apparent Heir's Consent.
Date: Reids
v.
Campbell
13 November 1728
Case No.No 107.
Click here to view a pdf copy of this documet : PDF Copy
An heir portioner, in her contract of marriage, having accepted a provision in lieu of all she could ask or crave through her father's decease, as this did not bar her from succeeding as heir ab intestato; so the father having disponed an heritable subject upon death-bed, it was not found to bar her from quarrelling the same, though it was pleaded to be equivalent to a consent to the death-bed deed; for the difference is great betwixt empowering one antecedently to do a deed which the law condemns as wrong, and acquiescing in it after it is done.
See Appendix.
The electronic version of the text was provided by the Scottish Council of Law Reporting