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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Mr John Mitchell v His Relict. [1742] 2 Elchies 335 (9 February 1742)
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Cite as: [1742] 2 Elchies 335
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[1742] 2 Elchies 335
Subject_1 LIFERENTER.
Date: Creditors of Mr John Mitchell
v.
His Relict
9 February 1742
Case No.No. 3.
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Mr John Mitchell being bound by his contract of marriage to infeft his wife in an annuity of 500 merks, afterwards purchased a tenement in Glasgow, and took the infeftment to him and her in conjunct-fee and liferent; and thereafter threw down that tenement, which then yielded about L 18 or L.20 sterling of rent, and built one that cost him about L.1000 sterling, and yielded about L.60 sterling of rent. The other creditors after his death affected the subject, and insisted that the former tenement being pulled down, her infeftment was extinguished; but the Lords found, that the husband himself having here thrown down the old tenement and built the new one, the liferent infeftment subsisted to the extent of the annuity in the contract. (See Dict. No. 38. p. 8275.)
The electronic version of the text was provided by the Scottish Council of Law Reporting