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Countess of Kincarden v William Erskine. [1697] 4 Brn 351 (7 January 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Brn040351-0741.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Countess of Kincarden v. William Erskine
Date: 7 January 1697
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Phesdo reported Veronica, Countess of Kincarden, against Mr William Erskine, to count for the rent of £500 Scots, possessed by the Lady Cardross, his mother, for the years he was factor of that estate; seeing, though she was a creditor, and had an infeftment of annualrent, yet, by the decreet of ranking, not only the Lady Kincarden, but several other creditors were preferred to her.
Alleged,—That the factors, before his entry, and those since his overgiving, always allowed her to possess; and it had been unreasonable that he only should have quarrelled his mother's right, and have removed her.
Answered,—The decreet of ranking was his rule; and though the Lady Kincarden connived when the rent paid her full jointure, yet it being now considerably fallen, that can never exoner him from the diligence incumbent on a factor; and if he thought it uneasy, or undutiful to interfere with his mother, he might have given over the place.
The Lords did not decide it; but thought, if he knew of the decreet of ranking, that then he was obliged to have made it the rule of his management and administration.—On a new report he was found liable for this rent.
