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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackie v Margaret Chalmers. [1743] 1 Elchies 249 (7 July 1743) URL: http://www.bailii.org/scot/cases/ScotCS/1743/Elchies010249-004.html Cite as: [1743] 1 Elchies 249 |
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[1743] 1 Elchies 249
Subject_1 LIFERENTER.
Mackie
v.
Margaret Chalmers
1743 ,July 7 .
Case No.No. 4.
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An adjudger, in taking a charter from the Crown, took it to himself and his wife in liferent, for security of implement of the provisions in her contract of marriage, but without any assignment or other deed in writing. The question was, if this was a habile conveyance to her? The Ordinary had sustained the liferent, and because of some circumstances, particularly the possession had, and a sort of decreet-arbitral, I was for adhering; but doubted much of the point of law, and therefore moved that the interlocutor should be qualified, as not to be a precedent; which the Lords agreed to, and added, in respect of the circumstances of the case; and the case of Cubbison did not agree.
The electronic version of the text was provided by the Scottish Council of Law Reporting