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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Adam Blair v Lady Carberry, Rigg's Wife. [1682] 2 Brn 12 (00 January 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn020012-0033.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Sir Adam Blair
v.
Lady Carberry, Rigg's Wife
1682 .January .Click here to view a pdf copy of this documet : PDF Copy
William Rigg having infeft his wife in a liferent of an infeftment of annual-rent for 35,000 merks, out of his debtor's lands, and thereafter the debtor having paid 5000 merks of the sum upon the husband's discharge, and become cautioner for him in 5000 merks more; the liferenter, after her husband's decease, offered to
poind the ground for the annual-rent of the whole 35,000 merks: The debtor proponed compensation quoad the annual-rent of the sum advanced, and of that for which he was cautioner for the creditor. The Lords found the real right was not compensable to the prejudice of the liferenter; for, as the husband could not have disponed the land but with the burden of the liferent, neither could he indirectly extinguish it by compensation. Page 59, No. 252.
The electronic version of the text was provided by the Scottish Council of Law Reporting