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Scottish Court of Session Decisions >>
Pringle v M'Dougal. [1629] Mor 6541 (17 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor1606541-006.html Cite as:
[1629] Mor 6541
Found in conformity with Colston against Hope Pringle, No 1. p. 6539.
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Sir James Pringle of Gallowshiels was obliged to infeft his son and his wife in conjunct-fee in certain lands, and that by two infeftments, the one to be holden of himself, and the other of his immediate superior. After his son's decease, she and her second husband, Sir William M'Dougal of Mackcairston, charged Gallowshiels ‘to fulfil the contract, and duly and sufficiently,’ (these were the words of the contract) ‘to infeft her to be holden of the superior.’ The Lords found that Gallowshiels should procure the superior's confirmation upon his own charges, albeit he was not expressly obliged thereto by the contract.
Fol. Dic. v. 1. p. 440. Spottiswood, (Conjunct-Fee & Liferent.) p. 58.
