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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Maxwell v - . [1785] Mor 15272 (00 January 1785)
URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor3515272-153.html
Cite as: [1785] Mor 15272

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[1785] Mor 15272      
Subject_1 TACK.
Subject_2 SECT. X.

Clauses respecting Assignees and Sub-Tenants.

Maxwell
 v.
-

1785. January.
Case No. No. 153.

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There was one Maxwell that warned a woman to flit and remove. Answered, That her umquhile husband had tacks for him and his heirs, and his assignee, and before his decease made her assignee, and there was terms to run. Answered, That he could not make her assignee, quia fuit inter virum et uxorem quod prohibitum est de jure. It was answered, That quamvis donatio inter virum et uxorem prohibita sit de jure, tamen morte confirmatur; and so was found by the Lords.

 Colvil MS. p. 420.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1785/Mor3515272-153.html