Scottish Court of Session Decisions

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

Margaret Scott
v.
Eliot of Stobs

Date: 15 March 1636

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Margaret Scott, having comprised from Archibald Eliot, son to Gilbert Eliot of Burgh, the lands of Over and Nether Jedburgh, charges Gilbert Eliot of Stobs, superior of the said comprised lands, to infeft her, conform to her comprising. The superior suspends: The first reason is, that the superior was infeft in the property of thir lands himself, holden of the Lord of Jedburgh. This reason was repelled, hoc loco, and the letters found orderly proceeded against the superior, for infefting of the compriser, reserving to him to dispute his right of property when the compriser should pursue for the maills and duties. The other reason of suspension is, That the superior should be paid of a year's duty. To the which it was answered by the compriser, charger, That she could not pay a year's duty presently, because the lands were bruiked by the good-dame of him from whom the same were comprised, by her right of liferent; and, till the time of her decease, the compriser could get no intromission with the rents of the lands, so that, until then, her comprising would be unprofitable. The Lords found the letters orderly proceeded against the superior, and suspended the payment of the year's duty to the superior till the liferenter's decease, the charger finding caution after the liferenter's decease to pay the year's duty to the superior.

2d MS. Page 36.