Scottish Court of Session Decisions

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Cite as: [1776] 5 Brn 530

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( January 1776) Brn 503 Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 JUS RELICTÆ.
Subject_3 From the 1682 downwards there are no decisions to be found applicable to the question of bonds bearing annualrent falling under the jus relictæ, till the case of Ann Meuse against Executors of Craig, 22d November 1748, reported by Lord Kaimes, Rem. Dec. No. 96; Kilkerran, p. 242; and by Falconer. In this case the Ordinary found, - “In respect, that neither the principal sum nor the first term's aunualrent became payable at the time of Captain Craig's death, that the bond fell under the jus relictæ.” And the Lords adhered.

See another decision, and to the same purpose, 4 New Coll., p. 35.

Campbell
v.
Campbell

Date: 17 February 1776

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The point again occurred, in a question betwixt the Widow of John Campbell of New Campbelton and his heir Gabriel Campbell. The Lords, in December 1775, ordered first a hearing on it, in presence ; and afterwards memorials ; but, at advising, 17th February 1776, it went off upon another point.