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Scottish Court of Session Decisions >>
Laird Glenbervie v Laird Luss. [1541] Mor 15835 (00 March 1541)
URL: http://www.bailii.org/scot/cases/ScotCS/1541/Mor3615835-002.html Cite as:
[1541] Mor 15835
The relict has no claim for the terce of any superiority belonging to the husband.
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The Laird of Glenbervie pursued for a reduction of a rollment of Court, whereinto they had served the Lady Luss, spouse to the Laird of Rotland, to a terce of certain lands, the which Laird of Luss, her husband, had annailzied to the Laird of Glenbervie upon a reversion of 13,000 merks. The reasons of the summons were, that the Lady ought not to have been decerned to have a terce, because her husband died not last vest and seased thereintil ut de feodo, because he had only the superiority of the samen, and had used another man to the fee of the land; and of the practick of the law of Scotland, no lady ought to have a terce but of that whilk her husband died last vest and seased ut de feodo. The Lords found the said allegeance relevant, and so reduced the said rollment of Court.
