BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Ross v Home. [1630] Mor 16831 (26 January 1630)
URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor3816831-043.html Cite as:
[1630] Mor 16831
A disposition to a life rent of a house constituted by infeftment, was found not a deed of importance, the rent being only 31. or 41. Scots.
Click here to view a pdf copy of this documet : PDF Copy
In a removing pursued by a compriser, deduced against the liferenter, and fiar of the lands comprised, one of the defenders, in the removing, defending with a disposition of the life-rent, made to him of that land before the decreet, whereupon the comprising was deduced; this disposition anterior to the decreet was sustained, albeit was not subscribed by two notaries and before four witnesses; for albeit it was constituted by infeftment, yet it was not found to be a matter of importance falling under the act of Parliament, seeing it was only the life-rent of a house, which was valued not to be worth of yearly mail, £3 or £4 Scots, being in North Berwick: And sicklike it was sustained, albeit it was quarrelled, as falling tinder the act of divory, because it was disponed to a conjunct person, viz. the disponer's sister's son, for no just nor competent price, but only bearing to be done for satisfaction of £40, owing by the disponer to the excipient for malt silver, which is not the full price of the life-rent, and is done long after the bond of the debt owing to the pursuer, whereupon he obtained sentence, and whereon he comprised; for albeit his diligence be after the disposition, yet the debt and bond preceded the same, and after that bond no deed could be done by the debtor to prejudge his debt. This allegeance was also repelled, and the disposition sustained.
