1765
The pursuers, Smith, sought reduction of a liferent-tack granted by Mary Moffat, relict of George Colvin, contending that Moffat’s right to the liferent had terminated upon her remarriage and the majority of her children, thereby voiding the tack under the principle of *resoluto jure dantis*. Moffat defended the validity of the lease, arguing that a restrictive clause in the marriage-contract was inoperative because it had not been ingrossed in the infeftment and the tenant had acted in *optima fide*.AI-generated
Documents in this case (2)
- John Smith and Isobel Colvill v. Mary Moffat and John Sprott — Information, 21 Feb 1765Feb 21, 1765: Pursuers seek reduction of Widow Mary Moffat’s Liferent-tack, claiming her right ended by remarriage and children’s majority, voiding the Tack under resoluto jure dantis.
- Mary Moffat v. John Smith and Isabel Colvin — Information, 4 Mar 1765March 4, 1765 Information of Mary Moffat, relict of George Colvin, arguing that the lease granted by her for her life was valid despite a restrictive clause in the marriage-contract, as the clause was not ingrossed in t…
People & places in this case
People involved
- John Smith — Pursuer, Writer to the Signet
- Isabel Colvin — Pursuer
- Mary Moffat — Defender
- John Sprott — Defender, Candlemaker
