Anent Destination of Lands. [1677] 3 Brn 127 (00 January 1677)

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[1677] 3 Brn 127

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.
Advocates' MS. No. 537, § 4, folio 274.

The electronic version of the text was provided by the Scottish Council of Law Reporting

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You are here: BAILII >> Databases >> 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