Scottish Court of Session Decisions

Subject_1 PUBLIC BURDEN.

Lady Elsh-sheels
v.
The Laird of Elsh-sheels

1688. January.
Case No. No 18.

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Found that a liferent of an annualrent of money or victual due to a relict, was subject to public burdens as well as liferent of lands, unless there be a personal obligement to pay.

Fol. Dic. v. 2. p. 290. Harcarse, [1iferents.) No 672. p. 191. *** Sir P. Home reports this case:

In an action at the instance of the Lady Elsh-sheels against the Laird, the Lords found, That the Lady's liferent-annuity was not to be burdened with the public burdens, in case the Lady make it appear, that the time of the contract of marriage, the Tenants of the lands were obliged to relieve the heritor of the public burdens.

Sir P. Home, MS. v. 3.