Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

The Laird of Durie and His Brother
v.
Lady Balneves

Date: 13 December 1649

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Balneves, urging the Laird of Durie, and John, his brother, for payment of a yearly duty provided to her in liferent by the procurement of her umquhile husband, Sir James Lundie, who had dealt his estate unto them;—they suspend her charge, upon that they have obtained discharge from George Jamieson, donatar to her escheat, who was denounced rebel, for not payment of 1000 merks, which she was ordained to lend the public. But it was answered, That there was collusion herein, betwixt Durie and George Jamieson, to frustrate her of payment; since she offers her to prove, that she required Durie to give her 1000 merks of her byganes, that she might satisfy that ordinance of the public, seeing she had nothing else but that, no, not to live on;—and while that this should be tried, the Lords ordained, in respect of her miserable estate, that she should get, in the meantime, £500 from them, according to the proportion of their sums.

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