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Scottish Court of Session Decisions >>
Helen Murray, Lady Kinuchar, v Wm. Beton. [1693] 4 Brn 39 (4 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040039-0084.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Helen Murray, Lady Kinuchar, v. Wm Beton.
Date: 4 January 1693
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Dame Helen Murray, Lady Kinuchar., pursues Mr. William Beton, advocate, on an agreement, for communicating their rights upon the lands of Etherny, and to count to her husband for a part of the rents effeiring to his sum; and he having sold the lands to Watson, so that the annualrent of the price exceeded the rents of the lands, and offering to hold count to her effeiring to the rents, because he got a greater price in contemplation of the house and gardens, and other conveniences.
The Lords found he was liable to count conform to the price, as a surrogatum coming in place of the rents of the lands; and brought them in pari passu effeiring to their sums.
