Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Lady Brotherton, and Ogilvy v. Scot of Brotherton, and Scot of Comiston
Date: 20 December 1692
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The Lady Brotherton, and Ogilvy, her husband, against Scots of Brotherton and Comiston. The question was, if her liferent, of 1200 merks by year, off her son, should pay the retention of one of six imposed on annual-rents by the act of Pari. 1690.
Alleged,—This was an annuity, and no annual-rent; and as it would be free of public burdens, so also of retention; and the 10th act of Pari. 1690, names annuities, but the act imposing retention has de industria omitted them.
Answered,—This 1200 merks answered to a principal sum, and behoved necessarily to abide retention, as was found, in 1691, between Mr. Andrew Massy Regent, and Dean of Guild Crawford; though the contrary had heen sustained in favours of Lady Lochend against Sir John St. Clair.
The Lords found this annuity, though innovated by a submission and decreet arbitral, originally corresponded to the principal sum of 20,000 merks, and therefore ought to bear retention.
