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Scottish Court of Session Decisions >>
Creditors of Paterson and Anderson v Douglasses. [1705] Mor 4259 (21 November 1705)
URL: http://www.bailii.org/scot/cases/ScotCS/1705/Mor1004259-052.html Cite as:
[1705] Mor 4259
In questions between parents and children, who understood to be fiar.
Subject_3 SECT. IV.
Whether it is expressed, that the Father is Liferenter only.
Creditors of Paterson and Anderson v. Douglasses
Date: 21 November 1705 Case No. No 52.
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The dispositive clause by an heiress in her contract of marriage, in favour of her husband in liferent, and the heirs of the marriage in fee; which failing, to his heirs or assignees, reserving her liferent, was found to make the husband fiar; the obligement to infeft, and the procuratory of resignation being to him and her in conjunct-fee and liferent, and to the heirs of the marriage in fee, which failing, to his own heirs and assignees; and the assignation to the writs with the obligement of warrandice, being conceived in favours of him, his heirs or assignees.
Fol. Dic. v. 1. p. 302. Forbes. Dalrymple.
*** See This case, Div. I. Sec. 2. h. t. No 21. p. 4223.
