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Scottish Court of Session Decisions >>
Lady Mochrum v Laird Mochrum. [1609] Mor 8239 (4 March 1609)
URL: http://www.bailii.org/scot/cases/ScotCS/1609/Mor2008239-002.html Cite as:
[1609] Mor 8239
What is comprehended under a liferent right of lands.
Lady Mochrum v. Laird Mochrum
Date: 4 March 1609 Case No. No 2.
A liferenter being infeft holden of the King cum curiis, it was found that the fiar could not hold courts during the liferenter's life.
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The old Lady Muchrum pursued the Laird of Mochrum, her oye, for contravention of lawburrows, by spuilzing of two kye from her tenant. Ipse, Excepted, that he did no wrong, because that tenant having committed an bluide in his barony, he had convicted him and poinded the saids goods for the bluide unlaw. It was answered, That the exception should be repelled, being that the pursuer was infeft in her conjunct-fee lands cum curiis holden of the King; and so, during her lifetime, the Laird had no power to hold courts upon her lands, nor upon her tenants of the saids lands. In respect of the which reply, the Lords repelled the allegeance.
