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Lady Rosyth v Drummond of Innermay. [1692] 4 Brn 22 (13 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040022-0045.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Lady Rosyth v. Drummond of Innermay
Date: 13 December 1692
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Lady Rosyth against Drummond of Innermay. The Lords found the restriction the Lady had given of her jointure, of fifteen chalders of victual, to 1200 merks, providing it were punctually paid, at least within thirty days after each term, was not a favour merely personal, but extended also to her son's singular successors, and that they could not pretend ignorance of the hazard of the irritancy; but yet that it did not totally annul and forfeit the benefit in all time coming, but only for that term wherein it was incurred; so that if, by laying the partial discharges together, it appeared 1200 merks was not paid her within a month after the term of payment, for that year she was not bound to accept of the restricted sum, but might recur to the full benefit and extent of her contract, notwithstanding of her remissio juris, which was only conditional; but then she bore the public burdens pro tanto.
