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Scottish Court of Session Decisions
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Theodore Beaton v Anna Macmorran, Lady Newhall, Anna Maxwell, Old Lady Newhall, and Campbell of Cesnock. [1664] 2 Brn 342 (12 July 1664)
URL: http://www.bailii.org/scot/cases/ScotCS/1664/Brn020342-0629.html Cite as:
[1664] 2 Brn 342
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[1664] 2 Brn 342
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Theodore Beaton v. Anna Macmorran, Lady Newhall, Anna Maxwell, Old Lady Newhall, and Campbell of Cesnock
Date: 12 July 1664
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King Charles the First, by his gift under his hand, at Whitehall, 1627 years, grants to Sir Ja. Scot of Rossie, all and haill the maills and duties of the lands of Kingsbairnes, within the stewartry or sheriffdom of Fyfe, extending yearly to twenty chalder of victual, nine of wheat, and eleven bear; with L. 48 of silver, and 100 capons; and that during his lifetime. Sir James, in 1631, assigns the said gift of pension to Doctor David Beaton, and Ester Gillen, his spouse; who obtain a ratification thereof from his Majesty, during Sir James, his lifetime. Doctor Beaton, in 1631, assigns the same to Edward Sedler of London, Esquire, and Mary Sayer, his spouse, and her assignees, during her lifetime. The said Mary dies in 1661; and nominates her daughter, Margaret Lauder, her executrix, as the testament confirmed in England bears. This Margaret Lauder, in 1663, assigns this pension to Theodore Beaton, son lawful to the said Doctor Beaton; at least constitutes him her factor for uplifting the said annuity, for the years 1657, 1658, 1659, 1660, &c. as the factory dated in 1663, and registrate at St. Androis, bears. Theodore, upon this right constituted in his person, pursues Anna Macmorran, Lady Newhall, and Anna Maxwell, Old Lady Newhall, with —— Campbell of Cesnock, her spouse, for his interest, to make payment to him, as assignee foresaid, of L.9 Sterling, of all the years preceding, as the fourth part of the said annuity, for which they are liable in payment. For instructing the summons, there is produced the king's gift; Rossie's assignation of the same, with the king's confirmation thereto; Doctor Beaton's assignation thereto to Sadler and his spouse; the confirmed testament of his spouse, wherein she nominates her daughter, Margaret Lauder, her executrix; then the said Margaret her assignation, or letter of factory to this pursuer. alleged for the defenders, that no process can be sustained against them, till the debt be confirmed in Scotland; and that the defender ought to find caution. To which it was answered, that the allegeance ought to be repelled, because of the administration in England. 2do, The pursuer cannot find caution, because he found caution already, in loosing the arrestment.
The Lords ordain the defenders to make payment to the pursuer, conform to his rights, titles, and securities aforesaid, of the said L. 9 Sterling, for all the years respectively above written.
Act. Mr. William Beaton, Mr. Alexander Spotswood.Alt. Mr. Jo. Cunyghame.
Signet MS. No. 66, fol. 21.
