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The debate between Robert Blackwood and the Creditors of Cunnochie was reported by Kemnay; and the liferent granted by Major Arnot to Margaret Wood his spouse was preferred; though it was objected, that it seemed to be only donatio mortis causa, because it mentioned in the narrative that he was going abroad and might die before his return, and so was contemplatione mortis and null, because he returned; which the Lords repelled.
March 25.
The case of Margaret Wood, relict of Major Arnot, and her Creditors, against Lovel of Cunnochie's and her Husband's Creditors, mentioned 16th February 1686, was reported by Kemnay. The Lords find that Margaret Wood the liferentrix, by her infeftment, proceeding upon an heritable bond prior to the Creditors' adjudication, did carry all right which the granter of the bond had, though it be not specifice named; and therefore prefer her assignees quoad her right, to the Creditors of her husband the granter:—To which they adhered on the 27th February 1687.
Fol. Dic. v. 1. p. 249. Fountainhall, v. 1. p. 403. 410.
