You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Sir John Home of Manderston v Margaret Taylor, and her Husband. [1734] Mor 5700 (00 January 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor1405700-081.html Cite as:
[1734] Mor 5700
Taking benefit of a reducible deed, while it stands, no homologation.
Sir John Home of Manderston v. Margaret Taylor, and her Husband
1734.
January. Case No. No 81.
Click here to view a pdf copy of this documet : PDF Copy
A tack let to a woman, secluding assignees, being reducible upon her marriage, it was found, that the letter's accepting several year's rent from the husband was no homologation to bar reduction; because, while the tenant was in possession, he could do no other than take the rent; and the accepting of it from the husband was doing no more than taking payment of what was due to him, without any intention to pass from his privilege of reduction. See Appendix.
