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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The King's Advocate v John Winton & Alexander Barclay. [1569] Mor 7188 (8 July 1569)
URL: https://www.bailii.org/scot/cases/ScotCS/1569/Mor1707188-019.html
Cite as: [1569] Mor 7188

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[1569] Mor 7188      

Subject_1 IRRITANCY.
Subject_2 SECT. III.

Legal Irritancy upon assigning or subsetting. - Rental Rights. - Whether Marriage be such an Assignation as to infer Irritancy?

The King's Advocate
v.
John Winton & Alexander Barclay

Date: 8 July 1569
Case No. No 19.

Feu reduced, if the feue dispone, contrary to the tenor of his infeftment.


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Landis set in few to ony man and his airis, for payment of certane zeirlie few-maill, with expres provisioun contenit in the infeftment, that it sall not be leasum to the fewar, his airis or assignayis, to annalzie the saidis. landis in quhole or in part, without consent and licence of the settar of the few, his airis or successouris; gif thay mak alienatioun utherwayis, thay to tyne and forfault the few-ferme and heritabill richt of the saidis landis; gif the said fewar, or ony of his airis, cumis in the contrare of the said provisioun and restrictioun, the said settar, or his airis, hes just actioun and titill for reductioun and recognitoun of the said few.

Balfour, (Feus.) No. 9. p. 172.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: https://www.bailii.org/scot/cases/ScotCS/1569/Mor1707188-019.html