Legal Subject: Recompence

Case Date Legal Subject Abstract
John Smith v. Marion Wilson, and Others 1791 Succession, Aliment, Heirship Moveables, Heritor, Sasine, Recompence John Smith petitioned the Court of Session to alter an interlocutor pronounced by the Lord Justice Clerk regarding a garden at Muirend. Marion Wilson, wife of Robert Mann, and others answered, asserting that the garden was not a præcipuum and thus not entitled to exclusive claim by the eldest sister. The litigation turned on whether the property constituted a præcipuum subject to the eldest sister's exclusive right.