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Lady Pitmedden and Sir Alexander Seaton of Pitmedden, Her Husband v Euphan Bathgate, Relict of Robert Lauder, Clerk-depute of Dundee, and Sir Alexander Wedderburn of Blackness. [1709] Mor 4277 (3 December 1709)
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[1709] Mor 4277
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[1709] Mor 4277
Subject_1 FIAR. Subject_2 DIVISION II.
In questions between parents and children, who understood to be fiar.
Subject_3 SECT. VI.
Settlements importing a Liferent only. - Fiar's power of uplifting without consent of the Liferenter.
Lady Pitmedden and Sir Alexander Seaton of Pitmedden, Her Husband v. Euphan Bathgate, Relict of Robert Lauder, Clerk-depute of Dundee, and Sir Alexander Wedderburn of Blackness
Date: 3 December 1709 Case No. No 65.
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Sir Alexander Wedderburn being debtor in 861 pound Scots, to Euphan Bathgate dwelling in Dundee in liferent, and to the Lady Pitmedden in fee, who, with the consent of her husband for his interest, desired to uplift the money, the Lords found, that the fiar had jus exigendi, upon securing Euphan Bathgate, by finding surety within Dundee, to pay her the annualrent there during her lifetime; albeit the debtor was responsible, and the liferentrix was against altering the security.
