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.

Margaret Wilkie
v.
Sir Robert Hepburn

Date: 29 January 1634

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George Seaton of Northrig, having infeft Patrick Newton of that ilk in an annual-rent of 500 merks out of his said lands, dispones the same lands to the Laird of Faldonside, with the burden of the said annual-rent: Which Faldonside dispones them afterwards to Sir Robert Hepburn with the same burden. Margaret Wilkie, as having right, by progress, to the said annual-rent from Patrick Newton, pursued Sir Robert for certain by-runs of the same. Alleged, Absolvitor; because the annual-rent was in his hands as superior, by reason of non-entry, the heirs of the said Patrick never being infeft therein. Replied, Ought to be repelled; because, by the first contract of disposition of the said annual-rent, George Seaton was obliged to pay the same, as well not infeft as infeft; and, as the said George could never have alleged this, no more can this defender, who is now come in his place, by acquiring the same lands with the burden of the said annual-rent. Duplied, The defender is liable to the real burden thereof, but not to the personal obligement, being only singular successor to the said George. The Lords repelled the allegeance in respect of the reply, and found that the defender, having acquired the land with the burden of the said annual-rent, he became debtor thereof, and obliged to pay the same in the same manner that the principal party, granter of the security, was bound to do.

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