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Kelburne v Fairlie. [1610] Mor 8521 (27 January 1610)
URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor2008521-012.html Cite as:
[1610] Mor 8521
No execution can pass for the double avail, so long as the heir female is unmarried, she finding caution to pay if she marry.
Women minors are not liable for the avails of their marriages till they are 14 years old.
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In the action pursued by Kelburne against the heirs of Fairlie, it being alleged, that one of them being little more than twelve years of age, and so not able to enter to her lands, which would pertain to the King and his donatar, until she were fourteen years of age, she could not be compelled to pay the avail of her marriage, she being unhabile to do the same, wanting the infeftment, possession, and profit, until that age; and where, as I proponed that that was more proper by way of suspension than by exception, and that if that were admitted in women till they were fourteen years, it would be relevant in men till they were twenty-one years, which was an extraordinary prejudice to the King, and all superiors of ward lands; especially seeing the vassal having other goods, or blench, or feu lands, his marriage was restricted according to the avail of his hail rental; notwithstanding whereof, my Lord Chancellor altered not the former interlocutor, bur rather blamed me for insisting to the contrary.
