Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1637/Brn010366-0980.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> - v Patrick Hepburn. [1637] 1 Brn 366 (13 February 1637) URL: http://www.bailii.org/scot/cases/ScotCS/1637/Brn010366-0980.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: -
v.
Patrick Hepburn
13 February 1637 Click here to view a pdf copy of this documet : PDF Copy
Patrick Hepburn, son to the deceased George Hepburn, and oye to the deceased Patrick Hepburn of New-milns, is pursued as lawfully charged to enter heir to his father and goodsire, for implement of the contract of marriage passed betwixt his father and mother. He renounces to be heir to his goodsire, and
alleges, That, by the same contract of marriage, his father was infeft in fee by his goodsire, and so is not obliged to perform any part of that contract which his goodsire was obliged particularly to perform himself, and that his father could not be thought successor to his goodsire, titulo lucrativo, because he got the fee of the land with a great burden, and so had the fee titulo oneroso. The Lords repelled the allegeance. 2d MS. Page 7.
The electronic version of the text was provided by the Scottish Council of Law Reporting