Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Christian Ord v. Agnes Innes, Relict of Lawrence Ord
Date: 9 February 1697
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In a removing, pursued by Christian Ord against Agnes Innes, Relict of Laurence Ord; alleged,—I cannot remove, because I am provided to the liferent of all the conquest during the marriage; and ita est, I offer to prove these houses were acquired stante matrimonio. Answered, 1mo. No personal obligement can defend against a removing. 2do. It can be made appear this was no true conquest, but he lifted his other sums, and built thir houses and stables with them. Replied,—You, as heir to the granter of my obligement, cannot quarrel it; for quem de evictione tenet actio eundem agentem repellit exceptio; et frustra petis quod mox es restitura.
The Lords found the Relict ought to remove, unless she found caution for the rents, in case she succumbed; and this, in regard the heir offered her caution, if she, in eventu, were found to have right to the liferent of these houses as conquest.
