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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Ramsay of Cockpen v John Maxwell of Conkaith. [1612] Mor 4226 (24 July 1612)
URL: http://www.bailii.org/scot/cases/ScotCS/1612/Mor1004226-022.html
Cite as: [1612] Mor 4226

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[1612] Mor 4226      

Subject_1 FIAR.
Subject_2 DIVISION I.

In questions betwixt Husband and wife, who understood Fiar.
Subject_3 SECT. III.

Where the Wife's Heirs last in the Institution.

James Ramsay of Cockpen
v.
John Maxwell of Conkaith

Date: 24 July 1612
Case No. No 22.

Click here to view a pdf copy of this documet : PDF Copy

Found, That the heritable right is not ruled by the last termination, but that it pertains to the heir of the first fiar. This found in an infeftment taken by Nicol Ramsay of Cockpen, and Elizabeth Rigg his spouse, in conjunct fee, and to the heirs betwixt them; which failing, to the heirs of his own body; which failing, to the said Elizabeth, and the heirs of her whatsoever.

Fol. Dic. v. 1. p. 299. Kerse, MS. fol. 68.

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


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