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The Countess of Kincairden v Maghie of Ballmaghie. [1693] 4 Brn 44 (10 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040044-0097.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Countess of Kincairden v. Maghie of Ballmaghie
Date: 10 January 1693
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In the Countess of Kincairden's pursuit for avail of Maghie of Ballmaghie's marriage, the Lords abstracted from the general point of law, and modified it to two years and a half's rent; without determining what should be the precise time at which the estimation should be made, and which of thir four periods to fix on, viz. the ward-vassal's age of fourteen years, when he is marriageable, et cessit dies obligationis; or twenty-one years, for then venit dies; and the superior or his donatar may exact it; or when the superior requires him; after which requisition, he becomes liable on the double avail; or, 4to, when he actually marries. Some were for making it eighteen, which is the age in law called plena pubertas, but it is fit the Parliament clear this; for his estate may increase after fourteen, by adventitious accessions; or may be diminished by mispending; and it is hard that the superior should either gain or lose by these accidents. See Stair, 5th January, 1681, Dun.
