Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Barbara Grant v. Janet Cuthbert
Date: 8 November 1677
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There was also another suspension, depending betwixt this Barbara Grant and Janet Cuthbert, determined at the same time, whereof the cause was this. Barbara Grant gets a liferent tack of a house in Inverness from her husband, at least so long as she does not remarry. Janet Cuthbert is pursued by her before the Bailies there, for the maill and duty of it, as she who possessed it from 1670, and is decerned in L.20 yearly. Janet having suspended this decreet, Craigie turned it to a libel, in regard, 1mo, The mandate of the procurator compearing for her was not mentioned in the decreet; yet that this is not relevant separatim, vide supra, June, 1677, M'Mine against Newlands, No. 576. Fide 12th December, 1676, Christian Holmes and Marshall, No. 518. 2do, That she was decerned for years wherein her husband was living, viz. from 1670 till 1674, promiscuously and confusedly, without distinguishing what years she possessed herself, and what years clad with a husband; and the libel was wrong drawn, craving her to be decerned nomine propria for all, whereas she ought to have been convened for these years nomine executorio, which was not done; and though we offered to adminiculate the decreet, by condescending how long her husband possessed, and how long herself since; but it was refused. 3tio, That the term was not circumduced. Whereupon a commission was granted for proving the rent and her possession; who alleged, she behoved to have allowance for reparations.
Answered,—She having right by a liferent tack, was not liable in reparations, but only the fiar.
This was repelled; only necessary reparations, and no other, were sustained.
