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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean and Margaret Grays v Dunlop. [1739] 2 Elchies 245 (23 February 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies020245-009.html |
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Subject_1 HERITABLE AND MOVEABLE.
Date: Jean and Margaret Grays
v.
Dunlop
23 February 1739
Case No.No. 9.
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Liferent annuities, and other annual prestations, though containing a clause of annualrent after the several terms of payment, remain notwithstanding still moveable quoad fiscum et relictam, and fall under the jus mariti as well after as before the term of payment, because they are still considered as fructus and not as feuda, and fall not under the acts 1641 and 1661, which make indeed some debts moveable that were before heritable, but make none heritable that were before moveable. (See Dict. No. 7. p. 5770.)
The electronic version of the text was provided by the Scottish Council of Law Reporting