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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir John Home of Manderston v Margaret Taylor, and her Husband. [1734] Mor 7199 (00 January 1734)
URL: http://www.bailii.org/scot/cases/ScotCS/1734/Mor1707199-031.html
Cite as: [1734] Mor 7199

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[1734] 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?

Sir John Home of Manderston
v.
Margaret Taylor, and her Husband

1734. January.
Case No. No 31.

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The question occurred, whether a tack set to a woman, secluding assignees, is void upon her marriage? For the affirmative, the authority of Craig was given, L. 2. Dieg. 10. § 6.; Stair, L. 2. T. 9. § 26. On the other hand, it was pleaded, That here there is no assignation, because a tack secluding assignees falls not under the jus mariti. 2do, Esto there were, the assignation could only be annulled, but not the tack. See Stair, eodem titulo, § 16, in fine. Answered, The administration of the tack, as well as the profits, must in all events be in the husband, which is virtually superinducing another tenant; and this is a virtual assignation that cannot be reduced; and therefore nothing is left but to reduce the tack itself. And this is the very reason given by Lord Stair, Sect. 26. above cited. The Lords reduced the tack. See Appendix.

Fol. Dic. v. 1. p. 485.

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/1734/Mor1707199-031.html