You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Donatar of Ward v Creditors of Bonhard. [1739] Mor 16564 (24 July 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor3816564-020.html Cite as:
[1739] Mor 16564
Click here to view a pdf copy of this documet : PDF Copy
Found, That an appriser infeft, though the ward falls not by his death, but by the death of the debtor, will yet exclude the superior, and be preferable to the donatar of ward, just as much as an annual-rent confirmed by the superior; because though the infeftment be given by the superior in obedience only, yet is it in obedience to the law; and a strong argument was drawn from analogy of the act, allowing ward-lands to be set in feu, which feus, by constant practice, are held to be good against the ward, so that the donatar can draw nothing but the feu-duties.
Kilkerran.
*** This case is No. 14. p. 16453. voce Vassal.
The Wardatar of old had the keeping of the Pupil; See Tutor-Curator-Pupil.—Ward, in what cases excluded by the Superior's Confirmation; See Confirmation.—When the Ward is exluded by Terce, Courtesy, &c. can this be proponed by third parties; See Jus Tertii.
