[1590] Mor 10163
Subject_1 PERSONAL and REAL.
Subject_2 SECT. I. Debita fundi.
Laird of St Monance
v.
Tenants
1590 .August — .
Case No.No 1.
The aliment of a minor out of ward lands, found to be debitum fundi, so that he might pursue the occupiers of the lands for it.
Click here to view a pdf copy of this documet : PDF Copy
The Laird of St Monance being minor, and his lands fallen in ward, there was decerned be a decreet of the Lords, the sum of 500 merks for his sustentation. He having pursued the donatar of the ward, viz. the Laird of Keltie, his goodsir, principal donatar, his father, brother Mr Thomas, Mr David, and Andrew, to pay the said sums pro rata, according to the portion of the land they occupied; they having suspended his letters, it was found by the Lords, that the said Laird had good action to pursue the tenants and acceptors of the ward lands for his aliment that was modified for him, ‘quia fuit onus reale et non personalæ et sequebatur fundum,’ except so much of the lands as appertained to his mother, as her conjunct fee.
The electronic version of the text was provided by the Scottish Council of Law Reporting