Scottish Court of Session Decisions

Subject_1 HEIR AND EXECUTOR.

Campbells
v.
Campbell of Skirven

Date: 11 June 1745
Case No. No. 3.

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The like judgment given, as in the above case of Pringle, (No. 1.) where the tenant's entry being at Whitsunday, the whole year's rent was payable at Martinmas, and the heritor survived the Martinmas: His executors found to have right to that whole rent, without distinguishing whether corn or grass-rooms;—and his son surviving the next Whitsunday, though he died unentered, his executors got the half of the next Martinmas rent. But on a reclaiming bill, the majority of the Court seemed to alter their opinion in case these were corn-rooms, and therefore gave a proof before answer, whether they were corn or grass-rooms. (See Dict. No. 48. p. 15908.)

See Notes.