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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lady Houston v Sir George Dunbar. [1744] 1 Elchies 178 (2 November 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010178-002.html Cite as: [1744] 1 Elchies 178 |
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[1744] 1 Elchies 178
Subject_1 HEIR-PORTIONER.
Lady Houston
v.
Sir George Dunbar
1744 ,Nov. 2 .
Case No.No. 2.
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An estate devolving to three several heirs-portioners, wherein there were two feu-superiorities, the question was, whether the eldest had right to sell the superiorities without recompense, or if they should divide?—and consequently, if there were but one, that there behoved to be a recompense. Drummore thought the eldest had right to both superiorities without any recompense,—but after he read Lord Stair he altered his opinion. Arniston thought the eldest had her election of one, and that without any recompense,—that the
second could have the other without recompense, and the youngest none at all. The Lords found the eldest had right to one superiority and the second to the other, and that both were liable for a recompense to the third for her proportion of the feu-duties, but without regard to the casualties.
The electronic version of the text was provided by the Scottish Council of Law Reporting