Scottish Court of Session Decisions

Subject_1 CONFIRMATION.
Subject_2 SECT. IV.

Confirmation may be granted quandocunque. - What rights require Confirmation.

James Gray
v.
Margaret Ker

Date: 23 July 1669
Case No. No 16.

Found as above.

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James Gray having apprised certain lands, and having charged the superior, pursues for mails and duties. Compearance is made for Margaret Ker, who produces her infeftment granted by her husband, the common author, prior to the apprising, and craves to be preferred. The pursuer answered, That her infeftment being granted by her husband, to be holden of the superior, not confirmed, is null. To the which it was answered, That an infeftment of a liferent, granted to a wife in implement of her contract of marriage, is valid, though not confirmed.

The Lords repelled the allegeance, and found the relict's irifeftment null, and not sufficient to defend her possession.

Fol. Dic. v. 1. p. 194. Stair, v. 1. p. 643.