Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 17 November 1685

Ker of Graden, and his Lady, Petitioners

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Ker of Graden and his Lady gave in a petition, bearing they were selling lands, and that there was an infeftment of relief of cautionry, and also of warrandice, affecting these lands, and that the party scrupled to buy them unless the same were either purged, (which could not well be done,) or valued and liquidated to a certain definite sum; which they craved the Lords might do. This was difficult, and got no present answer; for a woman's liferent has some determinate rules of valuation, at 7, 5, or 4 years' purchase, according to her age or strength; but reliefs and warrandice had not, but according to the probability, greater or lesser, of an emergent distress or eviction, which might either exist or not.

Vol. I. Page 3J5.