Scottish Court of Session Decisions

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

The Relict of Sir William Sharp of Bandoche
v.
John Sharp, Her Son

Date: 11 January 1628

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The relict of Sir William Sharp of Bandoche, Knight, and Sir —— Sinclair, her spouse, for his interest, charge John Sharp, her son, and heir to his father, to fulfil her the conditions contained in her contract of marriage. The failyies were;—that seeing, by contract, her umquhile husband was obliged to infeft her in the lands of Bandoche, and to warrant the said lands to be worth to her, during her lifetime, 8 chalders of victual of free rent; and, since the decease of her husband, she has been compelled to pay taxation, and the duty of the tack of the teind, and the augmentation of 4 bolls victual, imposed by the prelate upon the teinds, whereby her rental of 8 chalders of victual was diminished. The Lords suspended the letters, simpliciter, for the taxations bygone and to come, which the lady liferentrix ought to pay out of the rent, except the contrary had been expressly set down in her contract; as also, suspend the letters for the tack-duty and augmentation for all years preceding the charge; and, in time coming, ordains John Sharp to relieve his mother for the tack-duty and augmentation.

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