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Scottish Court of Session Decisions >>
James Rig v Tenants of N. [1562] Mor 4197 (30 July 1562)
URL: http://www.bailii.org/scot/cases/ScotCS/1562/Mor1004197-001.html Cite as:
[1562] Mor 4197
In questions betwixt Husband and Wife, who understood Fiar.
Subject_3 SECT. I.
Right taken to Man and Wife, and their Heirs.
James Rig v. Tenants of N
Date: 30 July 1562 Case No. No 1.
A tack being let to a husband and wife, and longest liver of them two, their heirs or assignees, the Lords found, that the wife, after the husband's decease, could not assign it, except for her own lifetime.
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Gif ane tack and assedatioun be given and set to ane man and his wife, and the langest levar of them twa, the airis and assignayes, the wife, after her husband's deceis, may not make ane assignay to the said tack bot for her lifetime allanerlie; and thairfoir, gif sche happinis to deceis befoir the ische of the said tack, the rest of the yeirs contenit therein to rin, aucht and sould pertain to hir husbandis airs, notwithstanding any assignatioun or dispositioun maid be hir in the contrare.
Fol. Dic. v. 1. p. 297. Balfour, (Assedation.) No 7. p. 201.*** Maitland reports the same case:
Anent the action and cause perseued be James Rig, son and air to Mr Hew Rig, against certain persons for an teind, whilk Mr Hew Rig had in assedation for 19 years to him and his wife, and the langest liver of them twa, and their airs and assignees, compeared the third person and allegit, That the said James, as air foresaid, had no right to perseu the said teind, because Mr Hew's wife, after her husband's decease, made him assignee to the said teind, and years to rin of the said tack thereof, and transferrit all the right to him. —It was allegit be the said James Rig, air foresaid, That the said Mr Hew's wife might make no assignation, nor transfer her right in prejudice of the air, that might endure or take effect langer than her lifetime, but the rest of the said years that were to rin of her tack sould return to the air after the decease of the said wife, notwithstanding the allegeance foresaid; whilk allegeance of the said James was admittit be the Lords, and the contrair allegeance repellit, and fund be interlocutor of the said Lords, that no woman, after the decease of her husband, may make assignee to any tack langer than her lifetime, in prejudice of the air; howbeit, the tack be set to the man and his wife, the langest liver of them twa, their airs and assignees.
