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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Ruthven v Lord Reidfoord and Hugh Wallace. [1686] 2 Brn 94 (00 March 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn020094-0243.html

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[1686] 2 Brn 94

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Mrs Ruthven
v.
Lord Reidfoord and Hugh Wallace

1686. March.
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Hugh Wallace, cash-keeper, who had right to several apprisings upon the lands of Corstorphin, having, by a contract with my Lord Reidfoord, a creditor, preferred his Lordship, and communicated to him these rights; and thereafter consented to an annualrent of £100 sterling, to Mr Ruthven's Lady; in a competition with her and my Lord, it was alleged for the latter, That apprisings may be qualified and restricted by personal obligements and rights. Answered for Mrs Ruthven, That no personal obligement could qualify Mr Wallace's apprising, in prejudice of Mrs Ruthven, as a singular successor, whose right is real by infeftment. The Lords preferred Mrs Ruthven, Vide No. 310, [Sinclair of Southstone against Sinclair of Stanestone, January 1685.]
Page 77, No. 318.

The electronic version of the text was provided by the Scottish Council of Law Reporting