Scottish Court of Session Decisions

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

Whittinghame
v.
Hatelie

1650. January 23and 24.

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In the suspension, Whittinghame against Hatelie, the reason bearing, that the charger had disponed and assigned the 1000 merks contained in the decreet, was not found relevant, suppose that yearly rent disponed indefinite, not determinating the time from the which the said disposition should begin; because, long before the said disposition, the charger, as executrix-creditrix, had confirmed the household gear, and meddled with the same for payment of that year. And far less did the reason, upon the foresaid meddling or intromitting, elide the second part of the charge, which was for satisfaction to her of her cautionary; since that intromission paid the other sum. So the letters were found orderly proceeded upon the decreet against the tenants of Whittinghame; who alleged, also, that they had paid to a factor: but that was premature, before the time of payment, and after the decease of the constituent; quod non jure factum, quia, mortuo mandatore, expirat mandatum.

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