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Scottish Court of Session Decisions >>
The Creditors of Eliot Northsenton v Eliot of Borthwickbrae. [1720] Mor 4244 (00 July 1720)
URL: http://www.bailii.org/scot/cases/ScotCS/1720/Mor1004244-035.html Cite as:
[1720] Mor 4244
In questions betwixt Husband and wife, who understood Fiar.
Subject_3 SECT. IV.
Clause giving the wife power of disposal. - Wife's heir first in the substitution.
The Creditors of Eliot Northsenton v. Eliot of Borthwickbrae
1720.
July. Case No. No 35.
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A wife having made a disposition of lands nomine dotis to her and her husband in conjunct-fee, and to the heirs to be procreated betwixt them; which failing, to the wife's heirs of any other marriage; which failing, to the husband's heirs of any other marriage; which all failing, to the husband, his heirs and assignees whatsoever; it was contended, That here the wife was fiar, because the subject came from her, and her heirs were first called in the substitution.——The Lords found, notwithstanding, the husband to be fiar. See Appendix.
