BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Balmanno and Chapman v Littlejohne. [1649] 1 Brn 436 (15 December 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010436-1173.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Balmanno and Chapman
v.
Littlejohne
15 December 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Balmanno and Chapman against Littlejohne, of a decreet at Donald Murray's instance, for heirship-goods belonging to his sister, who died barren, and infeft in lands as of fee, suppose before her husband; the reason was, That there could not be two heirships in one house; likeas, a wife's testament, deceasing before her husband, bears that the husband's heirship being deduced, the rest of the husband's moveables are estimated to such a sum usually, whereof the wife's executors have third or half, according to the division contained in the testament, and not ipsa corpora. And albeit every particular spece were contained therein, it would ofttimes come to the division of a certain body spece betwixt her executor and the husband; which could not produce heirship. The charger answered, That he opponed his decreet, wherein there is no such difficulty, since the wife's heirship that is in question hath been out of the communion of goods with her husband, who had
delivered to the suspender such and such speces; whereof the charger craves the best in ilk kind. Page 97.
The electronic version of the text was provided by the Scottish Council of Law Reporting
