Scottish Court of Session Decisions

Subject_1 LIFERENTER.
Subject_2 SECTION III.

Power of uplifting liferented Sums.

Malcolm
v.
Neilson

Date: 13 July 1731
Case No. No 30.

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A sum was lent out to three debtors, payable to a woman in liferent and her son in fee. Two of the debtors died insolvent. The liferentrix found means to get payment from the third without a process when her son was out of the country, and lent it out again in terms of the former bond to a person in reputed good circumstances, who thereafter proved insolvent. The liferentrix was not found liable to make up the sum to the fiar, having an interest to see the money well secured, and having acted for the best. See Appendix.

Fol. Dic. v. 1. p. 549.