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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Trotter's Executors v The Tenants of Jedburgh. [1630] 1 Brn 306 (11 February 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Brn010306-0799.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Trotter's Executors
v.
The Tenants of Jedburgh
11 February 1630 Click here to view a pdf copy of this documet : PDF Copy
One Trotter had granted to him, in pension, during his lifetime, certain monks' portions of the teinds of certain lands pertaining to the abbacy of Jedburgh. He deceases in September 1629. His executors pursue for his pension. The tenants that were in use of payment alleged, That he deceasing before the term of payment of their rental-bolls, they were not obliged to pay them to his executors. To the which it was replied, That although the term of payment was not come, yet the teinds were due to the executors, seeing fructus, either in whole or a good part of them, were shorn before the pensioner's decease. Which reply the Lords found relevant.
Page 166.
The electronic version of the text was provided by the Scottish Council of Law Reporting