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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Countess of Cassilis v The Earl of Roxburgh. [1671] 1 Brn 631 (22 February 1671)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Countess of Cassilis
v.
The Earl of Roxburgh
22 February 1671 Click here to view a pdf copy of this documet : PDF Copy
The Countess of Cassilis, besides the provision of her contract of marriage, having gotten a bond from her first husband, the Lord Ker, for infefting her in an annualrent of 10,000 merks out of the lands of Broxmouth, with an obligement to warrant the same free of all burdens whatsoever; and having gotten a charter from my Lord Ker's father, the Earl of Roxburgh, whereupon she was infeft,—did pursue a poinding of the ground against the Earl of Roxburgh; as likewise did conclude against him personally, to make payment of the said annualrent for several years bygone.
It was alleged, That the annualrent could not be decerned to be paid but with deduction of the public burdens, conform to the Act of Parliament anent liferenters.
It was answered, That the bond of provision and infeftment did bear an obligement to be free of all burdens; and that the granter's heirs should be liable to the pursuer, as well infeft as not infeft.
The Lords, notwithstanding, did find the said annualrent liable to public burdens; and that they ought to be deduced yearly: seeing it did not relate to any principal sum; and that it was an additional jointure, without any onerous cause.
Page 162.
The electronic version of the text was provided by the Scottish Council of Law Reporting