Scottish Court of Session Decisions

Subject_1 TERCE.

Elizabeth Creichton
v.
William Hamilton

Date: 21 February 1532
Case No. No. 1.

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Gif ony woman raise an breif to be servit to ony ressonable tierce of her husband’s lands, scho ought and should be kennit and servit to ane tierce of all and haill thay landis in the quhilk her husband deceasit last vest and seasit, and of none utheris, albeit the samen pertaines to her husband, and were disponit be him to ony person in his life-time. And scho being servit to the said tierce, the mailis, profits, and duties of all yieris and terms preceeding her services, sen the deceis of her husband, als weil as after the samen service, enduring her life-time, aucht and should pertain to her, notwithstanding that scho be servit thairto lang after his deceis, because, in this case, tempus deservitionis retrotrahitur ad tempus mortis mariti.

Balfour, (Dowrie and Terce) p. 109.