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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Doctor Balfour and his Spouse v Wood. [1670] 1 Brn 612 (24 February 1670) URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn010612-1537.html Cite as: [1670] 1 Brn 612 |
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[1670] 1 Brn 612
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Doctor Balfour and his Spouse
v.
Wood
24 February 1670 Click here to view a pdf copy of this documet : PDF Copy
In the forementioned count and reckoning between Doctor Balfour and his spouse, and the heir of her tutor, Mr James Wood, there was an article of the charge, bearing that the tutor ought to count for the sum of ———, given upon a wadset, which, being liferented, he ought to have comprised upon a charge against the heir to enter; of which comprising the legal might have been expired; and so the pupil had the irredeemable right of the lands after the liferenter's decease.
It was answered, That the pupil's father himself did lend his money upon the wadset, with a reservation of the liferent of the whole land: And the granter of the wadset being dead, and having neither heir nor executor, nor no other visible estate, the tutor was in bona fide not to comprise; seeing the annualrent of the sums upon the wadset might be yet secured by a comprising by the pupil and her husband, the pursuers, who could not allege any damage by the delaying thereof.
The Lords found the answer relevant to free the defender; as it would have done the tutor himself, who was not bound to give out money upon a naked diligence, which the pupil, being major, might do.
Page 111.
The electronic version of the text was provided by the Scottish Council of Law Reporting
