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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Heir of Kirkland v His Mother. [1685] Mor 1741 (27 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0401741-022.html
Cite as: [1685] Mor 1741

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[1685] Mor 1741      

Subject_1 BONA FIDE CONSUMPTION.
Subject_2 SECT. V.

Possession upon a right good ex facie, although liable to objections;

Heir of Kirkland
v.
His Mother

Date: 27 November 1685
Case No. No 22.

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Found, that an heir pursuing a process of aliment against his mother liferentrix, will get nothing modified for the years preceding the summons, the defender having bona fide consumed her whole annuity, these years; and the liferented lands not being ward lands, which by act of Parliament are burdened with the heir's aliment, but land feu or blench, to which the act is extended by practice only.

Fol. Dic. v. 1. p. 108.

*** See The particulars voce Aliment, p. 403.

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


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