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 Scott
v.
William Elliot of Stobbs

Date: 19 March 1636

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Margaret Scott, having comprised certain lands from Gavin Elliot of Burgh, charged William Elliot of Stobbs, superior thereof, to enter her. He suspended, and craved a year's duty. Answered, He can have no year's duty; because, the relict of umquhile Gavin Elliot, from whom the charger has comprised, being infeft in liferent in the same lands, has disponed her liferent to the suspender, by virtue whereof he is in possession thereof; and so, since the charger could, have no benefit during the lifetime of the liferenter, albeit he were entered, the superior, who is in possession by virtue of the said liferent, can have no year's duty in the mean time; but it must be superseded until the decease of the liferenter. Replied, The superior cannot be compelled to enter a stranger without a year's duty, as the Act of Parliament provides, which makes no exception; and it is not reasonable, because he has bought the liferent, that he should be defrauded of that which the law gives him, or have the payment of it suspended. The Lords found the answer to the reason of suspension relevant, and suspended the payment of the year's duty until the liferenter's decease.

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