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Scottish Court of Session Decisions >>
Margaret Jardane v Lord Somerville. [1542] Mor 4684 (22 June 1542)
URL: http://www.bailii.org/scot/cases/ScotCS/1542/Mor1104684-023.html Cite as:
[1542] Mor 4684
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Margaret Jardane, relict of umquhil John Gladstones of that Ilk, askit the Lord Somerville to be compellit to pay to her the maills of her terce lands, raisit be him sin the decease of umquhil Sir James Hamilton, superior of the lands of Liberton, who was for treason forfaltit. The said Lord alleged, That he had gotten, be the King's gift of the said lands of Liberton, property and tenandrie, sua that the said terce fell in forfaulture as weill as the lave of the lands. The Lords, be sentence decernit, that because the said Margaret's terce fell before the said Sir James superior's forfaulting, that the same terce could not be comprehended therein; and therefore, the said Margaret's life time she sould bruik her said terce, but any composition to the said donatar to the King to the lands foresaid that came in his Grace's hands be reason of the said Sir James's forfaulture.
Fol. Dic. v. 1. p. 314. Sinclair, MS. p. 35.*** Balfour makes the following observation on this case:
Gif ony superiour happen to be forfaltit for crime of treasoun or lese majestie, his vassalis wife aucht and sould bruik the terce of the vassal her husbandis landis, gif the samin fell to her be ressoun of her said husbandis deceis befoir the dome of forfaultour gevin and pronuncit aganis the superiour, albeit scho was not servit nor kennit thairto, nor in possessioun thairof before the said forfaltour; bot gif the terce fallis to ony woman efter the forfaultour, the same cumis under forfaltour in like maner as the twa part.
