Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Margaret Ogilvy, Lady Redelock, and Robertson of Faskally v. George Keith of Whiterigs
Date: 24 January 1693
Click here to view a pdf copy of this documet : PDF Copy
Margaret Ogilvy, Lady Redelock, and Robertson of Faskally, now her husband, against George Keith of Whiterigs, sheriff-depute of the Mearns. The Lords adhered to their former interlocutor, and found the contract being entered into by him in contemplation of his succeeding as heir male, and he being debarred by the daughter, there being no tailyie, the said contract fell to the ground, not only quoad the provisions to the daughters, but also to the wife's liferent. Some of the Lords inclined, if she had sustained damage by this transaction, in forbearing to crave her jointure from the tenants, that George Keith, in that case, should pay her bygones, though the contract be annulled pro futuro; but the rest considered that he, within a few days of the contract, reclaimed, whenever he discovered that he was debarred from the succession; so that he could not be liable for her bygones, unless he intromitted with the rents of her liferent lands.
