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Scottish Court of Session Decisions >>
Anent Destination of Lands. [1677] 3 Brn 127 (00 January 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030127-0143.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
Anent Destination of Lands
1677.
January.
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An heretrix of lands takes new infeftment to her husband and self in liferent, and to the bairns of the marriage, without saying in fee; and which failyieing, the one half to the husband's heirs, and the other half to the wife's heirs; Quæritur, there being a son of the marriage, if he be heir of the whole lands? I think he is, because it was only error et omissio scriptoris. There is minus dictum, et plus cogitatum menteque retentum.
