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Scottish Court of Session Decisions >>
Wamphray v Mother-in-Law. [1669] 2 Brn 440 (20 January 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn020440-0739.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Wamphray v. Mother-in-Law
Date: 20 January 1669
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In this cause found, that an instrument of kenning to a terce, needed not to be registrate as other seasines mentioned in the act of Parliament: and that a right of terce is drawn back to the time of the defunct's decease, though the relict be not kenned a long time thereafter; and yet if a third party bona fide meddled with the rent of the terce lands before the kenning, he will not be liable in restitution, but she will have action against the heir of the husband therefore.
Act. Lockhart and Dinmuire.Alt. Maxwell and Cunyghame.
Advocates' MS. folio 60.
