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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
1676.
November.
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About this time it was inquired, where a liferentrix and a minor are both convened anent the reduction of an heritable right, and the minor propones upon the maxim, quod non teneatur placitare, if the liferentrix may be compelled to answer? One would think not, ob contingentiam causes, which cannot be divided, So teacheth Craig, libro 2 feud: Dieg: 12, page 220, confirmed there in the margin, from Regiam Majestat. and the Roman law; and Dury, 25th November, 1624, Hamilton; vide Legem 10 in princ. D. Quemadmodum Servitutes amittuntur. Yet they affirm the Lords found she should answer; which seems hard, for she will recur on the warrandice, and so the minor will be put consequently to answer and debate.
