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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> L. Cleghorn v Crawfurd. [1633] Mor 7199 (31 January 1633)
URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor1707199-030.html
Cite as: [1633] Mor 7199

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[1633] Mor 7199      

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?

L Cleghorn
v.
Crawfurd

Date: 31 January 1633
Case No. No 30.

Found in conformity with Ayton against Tenants, No 24. p. 7191.


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In a removing, the defender alleging, that she had a rental; the pursuer replying, That she had tint the same, in so far as she had set the lands therein to sub-tenants, which was against the nature of the rental, and made the same thereby to expire; The Lords sustained the exception, notwithstanding of this answer; for they found, that the in-putting of a sub-tenant to labour the land, was not of that force to make her tine her rental, where there was neither sub-tack, nor any other disposition or deed done by her in writ, alleged by the pursuer.

Act. Mowat. Alt. ——. Clerk, Gibson. Fol. Dic. v. 1. p. 484. Durie, p. 667.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1633/Mor1707199-030.html