Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Lady Cockpen
v.
Lord Ramsay

Date: 22 July 1625

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My Lord Ramsay having obtained a declarator of the Lady Cockpen's liferent, as being vassal to the Earl of Lothian, which liferent had fallen to him as superior of these lands; this was sought to be reduced to her upon this ground, That she having obtained an infeftment of these lands from her husband, Nichol Ramsay, to be holden of himself, afterwards he disponed the same lands to the Earl of Lothian, with her consent, with reservation always of her right of liferent; so she contended, that, by that disposition, she changed not her holding, nor yet became vassal to the Earl of Lothian; and so her liferent could not fall hoc modo. The defender é contra maintained, that, by consenting to the alienation, she had renounced all former right, and that her reservation was but as a new grant. Nevertheless the Lords sustained the reasons of reduction.

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