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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The King's Advocate v Auchinfleck. [1677] 1 Brn 787 (28 June 1677) URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn010787-1768.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: The King's Advocate
v.
Auchinfleck
28 June 1677 Click here to view a pdf copy of this documet : PDF Copy
In a declarator, at the Advocate's instance, against Auchinfleck, for the avail
of his marriage, it was alleged, That the lands being comprised from him as apparent heir to his father, he was thereby denuded; so that the right of the marriage could not fall to the king but by the death of the compriser. It was replied, That he being of age, whereby the marriage did fall; and might be gifted before the comprising; that did not take away the right of the marriage, which might affect the lands, both as to the compriser and the apparent heir, whensoever he should be served, and use redemption.
The Lords did repel the defence; and found, That an apparent heir, being marriageable, whether male or female, before a comprising led against them, it did not prejudge the king or his donatar of the avail of the marriage.
Page 666.
The electronic version of the text was provided by the Scottish Council of Law Reporting
