Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Robert Dalling's Relict
v.
Robert Douglas's Heirs

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By contract of marriage, umquhill Robert Dalling is obliged to lay out, upon annualrent, the sum of 10,000 merks, and take infeftment to himself, and to his wife, in conjunct fee, and their heirs; so oft as the same shall be redeemed, so oft to re-employ the same. The money was bestowed upon the lands of Arnistoune, and, after Robert Douglas his decease, was redeemed, at Whitsunday 1628, from his relict and his heirs. At the time of redemption, Robert Douglas' heirs being minors, their tutors offered the money to the relict, she finding caution to make the principal sum furthcoming after her decease, in respect they declared they could find no good to take the money for the annualrent. She refuseth, and the money was not outted till Lammas 1628; at which time 1000 merks was gotten waired, and other 3000 lay dry till Martinmas. The relict charges the minors and their tutors for her annualrent of 10,000 merks from Whitsunday 1628 till Martinmas thereafter, as they who were obliged to bestow the said sum after the redemption, conform to the contract. The defenders allege, That they had done all diligence that they could use, and could be no farther astricted. The Lords sustained the charge, in respect of the foresaid diligence, for the term of Martinmas; and ordained the defenders, in time coming, to bestow the money, or else to pay her annualrent for the same.

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