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Scottish Court of Session Decisions >>
Lady Tarsappie v Laird Kinfawns. [1669] Mor 2256 (23 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor0602256-004.html Cite as:
[1669] Mor 2256
Communi Pastura. - Species of Money. - Moris, Maresiis. - Free Rent. - Valid and Sufficient Infeftment. - Debts real and true. - Cum Piscationibus.
Lady Tarsappie v. Laird Kinfawns
Date: 23 February 1669 Case No. No 4.
An obligation to free lands from all burdens imposed, or to be imposed, was extended to the burden of militia imposed by authority; but not to the reparation of a miln dam. An obligation to make the lands worth so much, is more comprehensive.
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The Lady pursuing on her contract of marriage to free her of the expences of the late militia, and likewise for repairing yearly the miln dam, whereof she was liferenter, because the miln being situate upon the sea side, it was subject to great hazards by tides and inundations; The Lords found, that these words in the contract being only to free her of all burdens imposed and to be imposed, and not to make her liferent land eighteen chalders of victual of free rent, did extend to the burden of the militia imposed by authority, but could not extend to the reparation of the miln dam, the heritor offering to get a sufficient tenant for payment of the ordinary duty yearly.
