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Scottish Court of Session Decisions >>
Lady Cathcart v Tenants and Vassals. [1629] Mor 10431 (24 July 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor2510431-006.html Cite as:
[1629] Mor 10431
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The Lady being donatrix to the ward, as is mentioned 7th July 1629, No 6. p. 4176. voce Feu; and the vassals to her husband alleging, That she was infeft in feu in some lands held of the King, which staid all ward; and she replying, That that infeftment was granted without her knowledge, and that her sasine thereon was not registrate, conform to the act of Parliament; the Lords found, That that infeftment was not sufficient to exclude the ward, the sasine not being registrate as said is; and which nullity she might oppone against that right made to herself; seeing she clad not herself with that right, but with the right of ward, and which she might as validly take as any other; for if a third person had obtained the ward, that sasine not registrate would not have stopped the same; no more could it be obtruded against her, but she might likewise propone the said nullity.
