1796–1797
SuccessionLiferentDispositionInfeftmentTerceSeisinMargaret Shanks pursued the Kirk-Session of Creditors to establish her right to terce in lands which she claimed her late husband Thomas Howie had held in fee by precept of sasine and infeftment at his death. The defenders maintained that the fee had been vested in Thomas's father John Howie rather than in Thomas himself, and accordingly sought to be assoilzied from Shanks's claim.AI-generated
Documents in this case (2)
- Reclaiming Petition — The Kirk-Session of Ceres against Lord Dreghorn's InterlocutorDecember 6, 1796 Memorial of the defenders, arguing that the fee of the subjects was vested in John Howie the father, not his son Thomas, and therefore they should be assoilzied from the pursuer's claim.
- Margaret Shanks v. Rev. Mr Crichton, Kirk-Session of Ceres, and John Howie — Answers, 7 Jan 1797January 7, 1797 Memorial of Margaret Shanks, arguing that she is entitled to her terce from lands in which her husband died infeft, and that the fee was vested in him by precept of sasine and infeftment.
People & places in this case
People involved
- Neil Fergusson, of Pitcullo — Advocate for Party
- David Cathcart, Lord Alloway — Advocate for Party
- John MacLaurin, Lord Dreghorn — Lord Ordinary