Scottish Court of Session Decisions

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

Janet M'Math
v.
The Laird of Brigtoun's Heir

Date: 3 March 1628

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Janet M'Math being made assignee to a contract passed betwixt umquhile Mr Alexander King, on the one part, and the Lady Brigtoun and her son, on the other part; she being tutrix to her son, and liferentrix of the land out of which the annualrent of L.100, redeemable by L.1000, was to be paid to the said umquhile Mr Alexander;—the said Janet, assignee foresaid, obtained this contract transferred against the heirs of the Laird of Brigtoun; and thereupon comprises and charges for the haill sum of L.1000, and for the haill byruns since the date of the said contract. It was alleged by the defender, That she can charge for no more than she has comprised, viz. the sum of L.1000, and for the annualrent thereof since the comprising. The Lords sustained the charge for the haill, aye and while she be paid of her sums contained in her comprising, and annualrent thereof.

[Idem, Jean Ogilvie against Laird Ogilvy, 13th December 1630.]

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