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One Scrimzeour executor confirmed to the goodman of Kirktoun, who had an liferent pension of certain victual, to be paid out of the the teind-sheaves of ———, pursues the goodman of Dean-miln for payment of the said pension the crop 1629, the teind-sheaves being intromitted with by him the said year, by virtue of a right thereof made to him by the titular: and the executor claiming right to the pension that year, seeing the pensioner died in June, that same crop, where by at least (as he alleged) the half year's duty of the pension should be paid to him, seeing he lived a while after Whitsunday; wherein the Lords found, that seeing the pensioner lived not till after the corns were shorn that crop, but died before the harvest libelled, the same was appointed to be paid out of the teind sheaves of the lands libelled, that therefore the said teind-sheaves could not be affected with the burden of the pension that year, and so the pensioner, who had it for his lifetime, dying as said is before the harvest, albeit after Whitsunday, and consequently his executor was found to have no right thereto, albeit he alleged that it was a debt which was running, ubi cedebat dies, licet non venerat when he died, which was repelled.
Act. Magill.Alt. Aiton.Clerk, Gibson.
Durie, p. 521.
