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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Beatie v Roxburgh. [1669] 1 Brn 580 (3 February 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Beatie
v.
Roxburgh
3 February 1669 Click here to view a pdf copy of this documet : PDF Copy
Beatie being assigned to the provision contained in the contract of marriage betwixt Roxburgh and Anna Sandilands; whereby Roxburgh was obliged to infeft her in an annualrent, effeiring to 3000 merks; as likewise to a liferent of the whole conquest during the marriage. And accordingly, having conquest some lands, and provided her to the liferent thereof, Beattie, as assignee foresaid, did pursue for the annualrent of the 3000 merks.
It being alleged, That she being infeft already in as much rent as the annualrent of 3000 merks, it ought to be ascribed to the implement of that obligement; and so could only pursue upon the provision of conquest:
Notwithstanding whereof, the Lords found, That her infeftment being in the conquest lands, did not hinder her to pursue for her liferent of the 3000 merks; they being distinct obligements and consistent.
Page 36.
The electronic version of the text was provided by the Scottish Council of Law Reporting