BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anent Liferents. [1676] 3 Brn 93 (00 July 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn030093-0092.html

[New search] [Printable PDF version] [Help]


[1676] 3 Brn 93      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 WINTER SESSION. - Anni 1973.

Anent Liferents

1676. July.

Click here to view a pdf copy of this documet : PDF Copy

Quæritur,—At how much the liferent of one can be valued, who is in actual service against an enemy, or is engaged either in the defending or storming of a town. Sure it cannot be estimated at much; for qui utitur periculis peribit in illis, says the wise man, in Ecclesiasticus, cap. 3, verse 27; see Craig, Feud. pag. 331, where you have four or five sundry instances of valuing things.

A woman's liferent who is bearing children is reputed less valuable than hers who is not in that hazard, though she be much older. Five, six, or seven years purchase are the ordinary steps and degrees by custom condescended upon, for buying liferents.

Advocates” MS. No. 492, § 2, folio 257.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn030093-0092.html