Subject_1 INDEFINITE INTROMISSION. Subject_2 SECT. II.
Preferable right. - Ubi est parata executo. - Jus nobilius. - Applicable in sortem ejusdem generis.
Lady Dowager of Strathnaver v. Captain Ross of Daan
Date: 29 November 1728 Case No. No 10.
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My Lady Strathnaver having obtained a decree of constitution against her son, the present Lord Strathnaver, upon several articles, 1mo, The bygones of her liferent annuity; 2do, For 4000 merks, as the liquidated sum in her contract of marriage, in place of her terce of moveables; 3tio, For her children's aliment, funeral expenses, &c.; upon this decree she recovered a moveable subject, to the value of L. 800 Sterling, belonging to the deceased Lord Strathnaver. Thereafter, in a pursuit at the Lady's instance for recovery of her bygone annuities, the question occurred, Whether the foresaid L. 800 must be imputed into the bygone annuities as durior sors, or into the other articles of the decree? It was argued for the Lady, 1mo, That application in duriorem sortem, as a rule that in many cases contradicts equity, has never universally obtained with us. 2do, The said L. 800 being a moveable subject, falls naturally, in the first place, to extinguish the moveable articles,—which was found relevant See Appendix.
