[1680] Mor 6550
Subject_1 IMPLIED OBLIGATION.
Date: The Countess Dowager of Errol
v.
The Earl of Errol
29 July 1680
Case No.No 12.
A relict being infeft in a jointure of victual, the heir, or his tenants, were found obliged to deliver the victual.
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The Earl offering to pay her annualrent and victual at his own girnells, and on the ground of the lands, and he could in law be decerned in no more; alleged, That the tenants are bound to carry it for the Earl to Aberdeen, where either he sells or transports it, and he ought to do the same for her, and the Lords may enlarge and explain their sentences in those things which are but consequences thereof and necessary to their execution. The Lords declared the Earl and his tenants liable to transport her victual to any ports or places, as they do to the Earl himself, by tacks or custom, and ordained those to be proved or produced; and this same was decided formerly in ——— between Halton and the Countess of Dundee.
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